European Commission Warns of Browser Choice Noncompliance

The European Commission formally notified Microsoft on Oct. 24, 2012, that in the Commission’s preliminary view, “Microsoft has failed to comply with its commitments to offer users a choice screen enabling them to easily choose their preferred web browser.” The failure, which Microsoft has acknowledged, occurred between the release of Windows 7 SP1 in Feb. 2011 and July 2012. If the Commission finds that Microsoft did violate the agreement, it may fine Microsoft up to 10% of its total annual revenue. Microsoft can request a hearing to present any defense.

To address Commission concerns related to the tying of Internet Explorer to the Windows OS, Microsoft legally committed to make a “choice screen” available for five years (until 2014) in the European Economic Area so that users of Windows could select the browser they wanted to install in addition to, or instead of, Internet Explorer.

In a press release following the announcement of the Commission’s preliminary view, Microsoft indicated it takes the matter seriously and stated that it had addressed the problem as soon as it was aware of the failure. In taking responsibility for the error, Microsoft said it had updated the Windows release procedures to ensure future compliance. Microsoft also indicated that it would change some aspects of the way the browser choice screen works in Windows 8 prior to its launch on Oct. 26, 2012.