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Edition: U.S. Article Comments (0) Follow Reuters Facebook Twitter RSS YouTube Read Obama visits family roots in Ireland | 23 May 2011 Lauren, Scotty bring country to "American Idol" finale 6:02am EDT UPDATE 1-Pakistan media ridicules military after attack 8:37am EDT Obama to view tornado zone in Missouri on Sunday 8:19am EDT How did six Taliban hold off 100 security forces for 16 hours? 9:18am EDT Discussed 325 Obama and Netanyahu face tense meeting on Mideast 124 As hours tick by, ”Judgment Day” looks a dud 103 Broadcaster silent as Judgment Day hours tick by Watched Plankers get fired for stunt Sun, May 22 2011 Arnold Schwarzenegger's mystery woman identified Thu, May 19 2011 Deadly Missouri tornado captured on video Mon, May 23 2011 Microsoft appeals against EU antitrust fine Tweet Share this By Foo Yun Chee LUXEMBOURG (Reuters) - An 899 million euro ($1.3 billion) EU antitrust fine was excessive and undeserved, Microsoft Corp told an EU court on Tuesday in a case which could draw a line under a decade of legal battles. The 2008... Email Print Related News Euro zone debtors under pressure over new risks Mon, May 23 2011 Microsoft's EU battle drawing to close with hearing Mon, May 23 2011 Europe races to claim top job at IMF Fri, May 20 2011 HTC to tap tablet boom with many models Tue, May 17 2011 Germany, France propel euro zone; growth gulf widens Fri, May 13 2011 Analysis & Opinion Tech wrap: Sony takes a $3.2 billion beating Rajaratnam wrongs hide insider trading law flaws Related Topics Technology » Media » Regulatory News » A worker adjusts a logo on the Microsoft stand at the CeBIT computer fair in Hanover February 27, 2011. Credit: Reuters/Tobias Schwarz By Foo Yun Chee LUXEMBOURG | Tue May 24, 2011 10:47am EDT LUXEMBOURG (Reuters) - An 899 million euro ($1.3 billion) EU antitrust fine was excessive and undeserved, Microsoft Corp told an EU court on Tuesday in a case which could draw a line under a decade of legal battles. The 2008 European Commission fine -- a record at the time -- penalized Microsoft for failing to comply with the regulator's order four years earlier to provide information that would allow other products to work with computers running its software. The software group has since taken a more conciliatory approach in dealing with the Commission, highlighted by its decision to reach a settlement with the regulator in 2009 when agreeing to let users of its Windows operating system choose their own browser. Rival Google Inc has adopted a similar tone in handling an EU regulatory probe of its web search practices. The fine was "most undeserved," Jean Francois Bellis, Microsoft's lawyer told the General Court, Europe's second-highest. "This case would not have arisen if the Commission had been as explicit with respect to rates which it wanted Microsoft to charge as it had been with all other terms of licensing proposed by Microsoft," he said. The Commission argued that Microsoft's actions after a 2007 court ruling showed that it was able to identify within a short time the measures needed to comply with its order. "This is a case about a gambler who doubled up on a losing bet, lost again and now wants his money back," Nicholas Khan, a lawyer for the Commission, told the court. TRACK RECORD The General Court typically gives its verdict between six months and just over a year after a hearing. Appeals can be lodged with the EU Court of Justice, Europe's highest court, but only on points of law. The odds would appear to be in the Commission's favor, said Christian Riss-Madsen, a partner at law firm O'Melveny & Myers. "I would think, based on its track record, the court would be reluctant to overrule the Commission's fining decision, giving the Commission some discretion in its enforcement," he said. Still, it was possible the court could use the opportunity to issue a benchmark ruling that could set the direction for other abuse of dominant position cases coming up for judicial scrutiny, said Ramon Garcia Gallardo, a partner at SJ Berwin. "Normally fine reductions in cartel fines have been relatively small. This case is important as it could show the court's approach on the Commission's position on high fines," he said. The hearing will be watched by companies challenging regulatory fines, among them Intel Corp, which has appealed in EU courts against a 1.06 billion euro penalty imposed by the Commission last year. Microsoft's non-compliance penalty was nearly double the original 497 million euro fine the Commission imposed on the company in 2004 for abusing its dominant position to thwart competitors. Microsoft was supported in the case by the Computing Technology Industry Association and the Association for Competitive Technology. IBM, Oracle Corp and Red Hat Inc were among seven parties who supported the Commission's position. (Editing by Rex Merrifield and David Holmes) ($1= 0.7109 euro) Technology Media Regulatory News Related Quotes and News Company Price Related News Tweet this Link this Share this Digg this Email Reprints We welcome comments that advance the story directly or with relevant tangential information. We try to block comments that use offensive language, all capital letters or appear to be spam, and we review comments frequently to ensure they meet our standards. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters. Comments (0) Be the first to comment on reuters.com. Add yours using the box above. 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