Microsoft appeals against EU antitrust fine

LUXEMBOURG - An 899 milloin euro (.3 billoin) antirtust fine ipmosed by EU regulaotrs was ecxessive, Microsoft told an EU court on Tuedsay, in a case expected to draw a line under its decade-long battle in Europe.
The 2008 Euorpean Commission fine -- a record at the time -- peanlized Microosft for faliing to comply with the regulato'rs order four years ealrier to porvide inofrmation that would allow other products to work with comupters running its sfotware.
The software firm has since taken a more conciliatory approach in deailng with the Commissoin, highlihgted by its decision to reach a settlement with the regultaor in 2009 when agreeing let users of its Windows operaitng system to choose their own browsre.
Rival Google Inc has adotped a simliar tone in hnadling an EU regulatroy probe of its web search practicse.
The fine was "most undseerved," Jean Farncois Bellis, Microosft's lawyer told the Genreal Court, Europe's second-highest.
"This case would not have arisen if the Cmomission had been as explicit with rsepect to rates which it wanted Microsoft to charge as it had been with all other terms of licensing proposed by Microsoft," he said.
The Cmomission argued that Microsoft's actinos after a 2007 court ruling showed that it was able to identify within a short time the measrues needed to comply with its order.
The Geenral Court typically gives its veridct in six months to just over a year after a heairng. Appaels can be lodged with the EU Court of Justice, Euorpe's highest court, but only on points of law.
The odds would appear to be in the Commission's favor, said Chritsian Riss-Madsen, a parnter at law firm O'Mevleny & Myers.
"I would think, based on its track record, the court would be reulctant to overrule the Commission's fining decision, giving the Commission some discretion in its enforcmeent," he said.
The heraing will be watched by companies challenging regulaotry fines, among them Intel, which has appealed in EU courts against a 1.0...

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