Microsoft rivals say no to hearing

Microsoft will not come face to face with its accusers in the European Commission's antitrust probe after its rivals declined…

Microsoft will not come face to face with its accusers in the European Commission's antitrust probe after its rivals declined to request a hearing to discuss allegations of anti-competitive practices by the software giant.

The decision by a number of US computer companies, including Sun Microsystems, AOL Time Warner, IBM and Oracle, and trade groups not to seek a formal meeting with the watchdog and Microsoft before today's deadline could speed up the Commission's investigation.

Mr Mario Monti, the EU competition commissioner, is expected to reach a decision in the next few months on allegations that Microsoft, led by Mr Bill Gates, stifled competition in the markets for computer servers and video player software.

Many observers predict the Brussels authorities will levy a fine on Microsoft, despite the company's repeated wish to reach a settlement similar to the one negotiated with the US federal government.

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Formal hearings are an important part of European antitrust probes as they allow the company being investigated to defend its position before the Commission and representatives of the European Union's member-states.

However, they also enable rival groups to present their arguments and attempt to persuade the Commission that the accused company breached competition rules.

Microsoft originally requested a hearing but subsequently scrapped it, saying that it wanted to concentrate on finding a settlement with Mr Monti.

The software group's decision to avoid a showdown meant that one of its accusers had the right to call a hearing. It is rare for a third party to call a hearing but some competition experts expected Microsoft's rivals to ask for one to put the US group on the defensive.

However, one person close to Microsoft's opponents said that a hearing had been ruled out amid fears that it would have created "too much hype" around the case. "A hearing would have seen so many voices raised against Microsoft that its impact would have been diluted," he said.

The two camps will now continue their debate in writing, with the opponents expected to file today to the Commission their responses to Microsoft's latest defence document.

The Commission declined to comment.