Eversheds comment: Microsoft browser plan

Following the move by Microsoft to pre-empt stringent antitrust action being planned by Brussels to bring greater competition to the internet browser market, Adam Collinson, partner at international law firm Eversheds comments...

"This looks like a sensible step by Microsoft. It seeks to remove the Commission's ability to attack them for bundling, and to put the onus on PC manufacturers either to decide up front which browser to incorporate in their build or to incorporate the installable software of a number of alternative browsers, leaving it to the user to activate his or her chosen alternative.

"If, as a matter of practice, manufacturers still elect to incorporate Microsoft browsers (because that's what they think users will be familiar with), then on the face of it the decision is not one which can be attributed to any anti-competitive conduct on Microsoft's part. Consumer choice will remain without there being a requirement for a must carry obligation, which must surely raise issues around interference in Microsoft's legitimate intellectual property rights. Much has been said about a must carry obligation being the only way to shift the balance of power in the market, but I'm not convinced that is the case."

For further information please contact adamcollinson@eversheds.com