Kroes slams US criticism of EU Microsoft ruling

European competition commissioner Neelie Kroes has called US justice department criticism of the EU ruling against Microsoft as “absolutely not done.”

Responding to US assistant attorney general Thomas O Barnett’s opinion that Monday’s ruling “may have the unfortunate consequence of harming consumers by chilling innovation and discouraging competition”, Kroes said that it was "unacceptable" that a representative of the US judiciary should criticise a court of law outside his jurisdiction.

“It is absolutely not done,” she told journalists on Wednesday.

“The European commission does not pass judgement on US rulings and we should expect the same from the US.”

Barnett, assistant attorney general for the department’s antitrust division, wrote that US antitrust laws are enforced to protect consumers by protecting competition, not competitors.

Kroes however said that the ruling against Microsoft proved that the commission’s decision to take a firm line in the case was the right action.

“This ruling sends a clear message that super-dominant companies cannot abuse their position to hurt consumers or dampen competition in the market place,” she said.

“The court has confirmed the commission’s view that consumers are suffering at the hands of Microsoft.”

“Microsoft must now comply fully with its legal obligations to desist from engaging in anti-competitive conduct. The commission will do its utmost to ensure that Microsoft complies swiftly.”

UK centre-right deputy Malcolm Harbour echoed Kroes’ reaction, welcoming the judgment, “because it supports our policy of free and open markets and maximum competition in this important area.”

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