governing contracting IT work could conclude that Microsoft ’s antimonopoly account constitute “ grave professional misconduct ” and censor the company , accord to the European Commission .
But the Commission say in a statement that Microsoft ca n’t be banned from competing for regime IT projects because of the amercement that have been levied against it .
The statement , dated June 9 , was in response to a query pose by two members of the European Parliament ( MEPs ) in April . Green Party members Heide Rühle of Germany and Alain Lipietz of France asked the Commission whether Microsoft ’s antimonopoly violations would also make the fellowship ineligible to enter bidding under exist fiscal and procurement rule . The MEPs inquire if Article 93 of the European Union ’s Financial Regulation and other public procurance directive would apply to Microsoft .
Article 93 aver that candidates for project should be winnow out if they have been convict of a criminal criminal offense touch their professional behaviour by a judicial potency or if a contractor can justify exclude them establish on “ sedate professional actus reus . ”
In a note back to the lawgiver , the Commission said Microsoft is in the exonerated on one level since Article 93 does not encompass judgments by the European Court of Justice or amercement visit by the Commission due to violation of challenger rules .
Microsoft was break water € 497 million ( US$ 770 million ) for infringement of antitrust regulations in 2004 by the Commission . As a remedy , the fellowship had to sell a version of its operating system without its Windows Media Player and also discover interoperability information for its Windows workgroup server .
But the contracting self-confidence is entitled to determine what make “ grave professional wrongdoing , ” the Commission said .
“ The interpretation of the provision would presently need a case - by - causa assessment which can only be done in the framework of an on-going procurance procedure , ” the statement state .
The guidance is a bit “ dim , ” said Melissa Freeman , spokeswoman for Caroline Lucas , a Green Party MEP for southeast England who supported the enquiry . “ They [ the Commission ] did n’t say no , they say maybe or allow ’s see what happens , ” Freeman said .
Lucas has maintain that Microsoft has hurt consumers through anticompetitive behavior . She supports public research on open - source software , as well as be active the British parliament ’s IT systems to open - source systems .
When queried Tuesday , Microsoft did not gloss on the Commission ’s statement .
