FAS filed a case against Microsoft

As the deputy head of the FAS said, the anti-virus software vendor Kaspersky Lab turned to the office because Microsoft reduced the time to adapt antivirus software vendors from two months to six days.

In this situation, anti-virus equipment manufacturers do not have the ability to adapt to the changed conditions and obviously lose out in the competition of Microsoft, which has its own anti-virus software,

- explained Golomolzin .



Comments of the expert of antimonopoly practice Sviridov Dmitry Viktorovich:

At first glance, it seems that the FAS Russia has already formed a conclusion about a violation in the actions of Microsoft. Despite the fact that the case is initiated on the grounds of a violation of antitrust laws, which indicates only a suspicion of a violation, nothing more. But in practice, many employees of the antimonopoly service, especially at the level of territorial administrations, do not observe this fine line of professional correctness, and at the stage of consideration of the case they inform the parties that the supervisory authority formed an opinion about the existence of a violation.

This moment (ascertaining the fact of violation) may occur on the day of the decision of the antimonopoly authority after the completion of the consideration of the case. However, the deputy head of the FAS Russia, Anatoly Golomolzin, speaks about the conclusions that other manufacturers of anti-virus equipment do not have the ability to adapt to the changed conditions and obviously lose in Microsoft’s competition. Very similar to the pre-formed opinion about the violation in the actions of Microsoft.



With a high degree of probability, it can be predicted that the FAS Russia recognizes Microsoft as a violator. The experience of recent high-profile cases (for example, a similar case against Google) shows that such large-scale inspections are carried out in the case when a sufficiently weighty evidence base has been previously collected that would allow the supervisory authority to bring its investigation to its logical conclusion.

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It would even be somehow unserious if the Federal Anti-Monopoly Service brought up loud or large-scale cases and did not end them positively, either by terminating them at the preliminary stage or by losing in court. In this case, the rating of this supervisory authority would decrease and this, of course, affected the reputation and support of the leadership of the FAS Russia.



These are too great risks, so it is necessary to initiate such cases when there is 80-90% confidence that they are right, including taking into account the established judicial practice.



As everyone knows, on September 14, 2015, FAS found Google to violate the Law on Competition and was guilty of abusing its dominant position in the market of pre-installed Android application stores. Which actually confirms this opinion. Therefore, in my opinion, for FAS Russia the result of the case against Microsoft is already assumed. Well, do not forget that the beneficiaries of the result of Microsoft’s activities are persons in the United States of America with whom we now have a clear confrontation.



I do not think that the Russian judicial system will defend the company from the enemy country, to the detriment of the interests of the national regulatory authorities.



It should also be borne in mind that this situation may be a certain element of bargaining between the two states. Maybe not at the highest level, but among the decision makers about the prospects for the development of the situation. And in this situation there is a chance to come to a compromise.



Considering the above, I believe that for Microsoft the attempt to come to an amicable settlement with the FAS Russia would be correct, within which the parties would agree on a consensus decision taking into account the interests of society and users, consumers.



It is unlikely that Microsoft and the business structures behind it will be able to impose or dictate their own scenario. They will take a hit and apply countermeasures, the set of which on the territory of the Russian Federation is very limited for this side.



But, of course, such a huge structure as Microsoft has its trump cards and arguments, which will also be heard.



I think that the matter will end in a compromise if the parties find a mutually beneficial solution, which will depend on whether Microsoft is ready to make concessions in the Russian market.



If the limits of the degree of such concessions between the parties do not converge, then Microsoft will be sanctioned, and quite serious, with an obligatory large fine.