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Google: Please Don't Kill Video on the Web

Vice President & Deputy General Counsel, Corporate Standards & Antitrust Group, Microsoft  —  Earlier today, Microsoft filed a formal competition law complaint with the European Commission (EC) against Motorola Mobility.

Microsoft on the Issues Dave Heiner

Context & Ripple Effects

Microsoft has already pressed European competition authorities over search, first in a 2010 discussion of search competition and again with its 2011 intervention in the European search debate. The Motorola Mobility filing broadens that regulatory strategy beyond those earlier search-focused concerns.

The complaint places Motorola Mobility before the European Commission as Microsoft pursues competition-law remedies through a body that can shape market conduct across Europe.

First-order effects

  • The European Commission receives a formal complaint from Microsoft against Motorola Mobility, requiring Motorola Mobility to address allegations raised through the competition-law process.
  • Microsoft adds a Motorola Mobility dispute to its existing record of bringing European competition concerns to regulators.

Second-order effects

  • The filing makes European regulatory process a parallel arena for Microsoft and Motorola Mobility, alongside any commercial or technology disputes between the companies.
  • Other companies involved in web technology standards gain a clearer incentive to treat European competition oversight as a route for challenging conduct they view as exclusionary.

Third-order effects

  • If repeated filings translate into Commission action, competition policy may become a more consequential constraint on how technology companies use control over web standards and related intellectual property.
  • The broader pattern is large technology firms using European regulators not only to police search markets but also to contest access and interoperability disputes.

The trend: European competition enforcement is becoming a strategic venue for technology companies seeking to challenge rivals' control over important web-market rules.