Microsoft calls off European Union hearing

Microsoft will not be presenting its case to the European Commission on 3-5 June

A European Union hearing over new anti-trust allegations against Microsoft has been called off owing to a scheduling conflict.

Dave Heiner, Microsoft's vice president and deputy general counsel, revealed in a blog post on Friday that his company would not be presenting its case to the European Commission because many of those deciding the case would be unable to attend.

The EU has shown renewed interest in Microsoft's practice of bundling software with its operating system.

EU officials feel that the inclusion of Internet Explorer in Windows 7 violates anti-trust laws, while Microsoft argues that renewed competition will give customers a choice over which browsers can be used.

Heiner explained that the conflict about the hearing arose when the Commission scheduled it for 3-5 June. However, regulatory officials are expected to be attending an international competition conference in Zurich on those dates.

Because the meeting will draw most of the Commission's top officials, Microsoft argued that there was little reason to hold the hearing.

"We believe that holding the hearing at a time when key officials are out of the country would deny Microsoft our effective right to be heard and hence deny our 'rights of defence' under European law," wrote Heiner.

"While we would like an opportunity to present our arguments in an oral hearing, we do not think it makes sense to proceed if so many of the most important EC officials and national competition authorities cannot attend."