Day 4 of Microsoft hearing

At the fourth day of the Microsoft hearing, the Grand Chamber of the CFI again cross-examined lawyers of both parties.

Questioning was again led by Judge John Cooke, who will write the draft judgment. Mr Cooke started off by asking Microsoft's lawyer Mr Forrester whether the Commission was correct in presuming that Microsoft was exaggerating the extent of the Commission remedy.

But Mr Forrester denied that Microsoft has exaggerated the Commission's demands.

Mr Cooke also posed critical questions to commission lawyer Anthony Whelan. Mr. Cooke said that the interoperability information Microsoft was asked to supply is "hugely valuable commercial information". He asked whether EC competetion rules
truly imply that such important information be given away by Microsoft to its competitors.

But Mr. Whelan replied that without this information, Microsoft’ rivals were unable to truly compete.

A similar claim was put forward by James Flynn, a lawyer representing
ECIS. ECIS is a non-profit association representing several companies such as Adobe, Oracle, and IBM. "The information is not kept secret because it is valuable … it is valuable because it is kept secret", he said.

Mr. Flynn argued that, contrary to what Microsoft claimed yesterday, current market problems will certainly worsen if Microsoft does not supply its inter-operability information to its competitors to allow them to develop competing products.