6.2.2007 Official Journal of the European Union L 32/23 COMMISSION DECISION of 24 May 2004 relating to a proceeding pursuant to Article 82 of the EC Treaty and Article 54 of the EEA Agreement against Microsoft Corporation (Case COMP|C-3/37.792 — Microsoft) (notified under document number C(2004) 900) (Only the English text is authentic) (Text with EEA relevance) (2007/53[EC) On 24 March 2004, the Commission adopted a decision relating to a proceeding pursuant to Article 82 of the EC Treaty and Article 54 of the EEA Agreement. In accordance with the provisions of Article 21 of Regulation No 17 (1), the Commission herewith publishes the names of the parties and the main content of the decision, having regard to the legitimate interest of undertakings in the protection of their business secrets. A non-confidential version of the full text of the decision can be found in the authentic languages of the case and in the Commission’s working languages at DG COMP’s Web site at http://europa.eu.int/comm/competition/index_en.html. L SUMMARY OF THE INFRINGEMENT architecture. ‘Porting’ (that is to say, adapting) a non-Intel- 1 2 Addressee, nature and duration of the infringement This Decision is addressed to Microsoft Corporation. Microsoft Corporation has infringed Article 82 of the EC Treaty and Article 54 of the EEA Agreement by: — refusing to supply interoperability information and compatible operating system (for example Apple’s Macin- tosh) to run on Intel-compatible hardware is a long and costly process. However, the question of the inclusion of operating systems for Intel-compatible and non-Intel- compatible PCs in the definition of the relevant market can be left open since the difference will not be such as to alter the result of the assessment of Microsoft’s market power. allow its use for the purpose of developing and (5)  Operating systems for hangheld. deviyces su.ch as personal distributing work group server operating system dlgltal.assmtants (PDA) or ‘intelligent’ mobile phones and products, from October 1998 until the date of this operating systems fo.r servers cannot presently. be regarded Decision, as competitive substitutes for client PC operating systems. — making the availability of the Windows Client PC Operating System conditional on the simultaneous (6) As regards supply-side substitutability, a software product acquisition of Windows Media Player (WMP) from that is not presently in the market for client PC operating May 1999 until the date of this Decision. systems would have to be substantially modified in order to adapt to the specific needs of consumers in that market. This entails a development and testing process that involves a substantial amount of time (often above one year) and The relevant markets expenses, and entails a substantial commercial risk. Furthermore, as is established when discussing Microsoft’s PC operating systems dominance i.n Fhe relevanF market, such a new entrant would face significant barriers to entry. Operating systems are software products that control the basic functions of a computer. ‘Client Personal Computers’ (PCs) are general-purpose computers designed for use by one person at a time and that can be connected to a computer network. ) Work group server operating systems A distinction could be made between (i) operating systems for so-called ‘Intel-compatible’ PCs and (ii) operating (7)  ‘Work group server services’ are the basic services that are systems for non-Intel-compatible PCs. ‘Intel-compatible’ in that context relates to a specific type of hardware used by office workers in their day-to-day work, namely sharing files stored on servers, sharing printers, and having () OJ 13, 21.2.1962, p. 204/62. Regulation as last amended by Regulation (EC) No 1/2003 (OJ L 1, 4.1.2003, p. 1).