The European Commission should reconsider its legal tactics in its antitrust action against Microsoft, according to the US Department of Justice's antitrust division boss.
Charles James said that some of the legal arguments being used by the Commission's antitrust authorities against the software giant have already been rejected by US courts.
Quoted in the Finanial Times, James pointed out that the theory of "monopoly leveraging", which is part of the Commission's case, had been thrown out by US courts which believe that a company may legitimately carry advantages gained in one market into another.
One of the key planks of the Commission's case against Microsoft is that a firm should not use its large share of one market to move into neighbouring markets, hurting competitors that are not present in both.
James said that the US courts had established that monopoly leveraging helped consumers, who got better service and more consistent quality.
The Commission is considering taking a tougher line than the US, and may require Microsoft to separate its Media Player software from the Windows operating system.
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