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Access to documents generates new dispute between Microsoft and EU

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Microsoft wrote to the European Commission accusing it of undermining its rights of defense in the process antitrust. In a letter addressed to the European executive, lawyers for the computer giant claim that the EC is seriously undermining its rights of defense in the use of sanctions imposed by denying it access to certain files related to the case.

«The impossibility of access is seriously damaging Microsoft’s rights of defense,» says the letter addressed to Brussels, according to AFP. «I take the liberty of suggesting that normal rights of defense are being eclipsed by the supposed need to avoid a ‘danger to effective competition’,» writes Ian Forrester, one of the leading lawyers for the giant of the software.

The EC considers the US company’s accusations to be premature. «This is an issue that is still being discussed with Microsoft, so it is premature for the Commission to be accused of disrespect for the defense of rights,» replied Jonathan Todd, a spokesman for the European executive.

Jonathan Todd explained that there is an entity, independent of the EC’s Directorate-General for Competition, to ensure that the companies’ defense process and rights are respected.

Microsoft has until February 15 to respond to EC accusations of non-compliance with some of the requirements imposed on it as a result of the lawsuit. antitrust, which he considers he will not be able to meet if he continues to be refused access to important documents that could prove compliance with the sanctions, he says. Failure to comply with the response time imposed by the European Commission will cost Microsoft two million euros a day (see Related News).

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