In an unexpected move, Microsoft on Thursday published its formal response to the European Commission's Statement of Objections on its website.
The response was filed February 15 in Brussels in an attempt to avoid substantial fines the Commission plans to levy against Microsoft for failing to comply with demanded reparations for antitrust activity.
Microsoft had until that date to convince the Commission it is complying with the 2004 ruling, which required the company to ensure interoperability of its server software with competitors, among other things. The Commission has not responded yet to Microsoft's response.
According to Jack Evans, a Microsoft spokesman, the filing process for the EU antitrust case has been "a closed process". Microsoft decided to go public with its confidential filing, with some slight tweaks, because it has concerns about "the transparency of the process" and wanted to make the documents public, he said.
Microsoft has complained that the Commission has failed to consider key information it has submitted and that it has not given the company due process to defend itself in the case.
Microsoft's formal response to the Commission claims to show evidence that the company is "in full compliance" with the technical documentation requirements imposed by the Commission's antitrust ruling in 2004. It also "details numerous ways in which the Commission had ignored key information and denied Microsoft due process in defending itself", the company said.
In addition to a 78-page formal response to the Commission's Statement of Objections, Microsoft also posted a report on its compliance efforts.
If the Commission decides Microsoft has not complied with its ruling, the company could face daily fines of up to €2 million per day.