Microsoft (non-provision by Microsoft Corporation of RTM-versions of Operational System of Windows 10 in the timeframe necessary for adaptation of antivirus software)

Case

FAS Russia ruling on scheduling a case of 18 November 2016 No. 1-00-168/00-11-16 (See below)  

FAS Russia ruling on the postponement of the hearing of the case of 20 December 2016 No. 1-00-168/00-11-16 (See below)

FAS Russia ruling on the postponement of the hearing of the case of 14 February 2017 No. 1-00-168/00-11-16 (See below)

FAS Russia ruling on the prolongation of consideration of the case of 20 February 2017 No. 1-00-168/00-11-16 (See below)

FAS Russia ruling on the postponement of the case of 13 March 2017 No. 1-00-168/00-11-16 (See below)

FAS Russia ruling on the postponement of the hearing of the case of 21 April 2017 No. 1-00-168/00-11-16 (See below)

Parties

Microsoft Corporation, Kaspersky Laboratory

Jurisdiction

Federal Antimonopoly Service

“Kaspersky Laboratory” OJSC complained to FAS that in 2015, prior to releasing Windows 10 Operational System, “Microsoft Corporation” had not given “Kaspersky Laboratory” as well as other antivirus software vendors sufficient time to enable compatibility of their antivirus applications with the new operational system - Windows 10. The period for providing the RTM–version was cut down from 2 months to 6 days.

The statement formed the grounds for opening the case on violating the antimonopoly law.

Investigating the case, the Commission found that the totality of actions of “Microsoft Corporation” demonstrating some signs of creating special conditions for a software product - Windows Defender, as well as signs of unfair competition – placing video materials on the official web-site of “Microsoft Corporation” and “Youtube”, where representatives of “Microsoft Corporation” ask users to reject  third-party antivirus software in favour of Windows Defender, therefore, creating preferences to its own product.

Having considered the circumstances, on 13 June 2017 FAS issued two warnings to “Microsoft Corporation” to stop actions (omissions) that had signs of violating the antimonopoly law.

“Microsoft Corporation” reported about executing the warnings within the designated period.

As a result, “Microsoft Corporation” made changes to its “Antimalware Platform Requirements” that regulate the interaction procedures between “Microsoft Corporation” and independent vendors of antivirus software.

“Microsoft Corporation” extended the period for providing RTM-versions of ОС Windows 10 operational system to independent vendors of antivirus software and improved interaction between “Microsoft” and independent AV vendors.

Executing the FAS warning, “Microsoft Corporation” removed video materials, where its representatives had requested to reject third-party antivirus software in favour of “Windows Defender” and stopped other actions that had signs of unfair competition.

Having considered the materials of the case against “Microsoft Corporation”, FAS concluded that the warnings had been executed.

On 15 August 2017, “Kaspersky Laboratory” OJSC and “Microsoft Corporation” confirmed executing the warnings in full.