Dear DG Competition

We would like DG Competition to start an investigation against Microsoft Corp.
for breach of the Treaty Article 101 and 102.

The issues we would like you to investigate are described below.

We think the following articles are violated:

Article 101 a)

MS EULA has the effect of restricting competition in the Danish market
for laptops and netbooks, and some desktop PC's.
It's hard even to get rid in Denmark of the MS Windows License
on these types of machines. The MS EULA includes provisions
that promotes that the operating system and machine are sold together.
The EULA for Windosws 7 provides that if there are complaints
then both the machine and operating system are to be returned together,
which is in breach of defect provisions in the consumer directive
that gives access to a partial return of the bought good.

The MS EULA is attached.

The MS EULA has made business conditions setting
maximum sizes of RAM volume and screen size
for netbook licenses. This has had the effect
that there are very few machines that have more than 11 inch display
and 1 GB RAM in the netbook market, even if it would be very useful
to use hardware with more RAM, and the RAM is a very low cost item.
In this way the Danish netbook market has been
very restricted for the hardware, and this is probably also the case in
all other Member States.

Other operating systems have been kept out of the Danish market.
Eg Linux was selling well
on the netbook market with a share of 20 - 30%
before MS introduced the Home or Starter Editon which lowered
the price of Windows from about 500 to 800 to about 100 DKK.

As documentation for the monopoly status of Microsoft
Windows we can provide all advertisements from the 
indiviual suppliers of stationaries, portables and netbooks
from 4 leading Danish suppliers of consumer PC's,
namely Elgiganten, Fona, Expert and Computercity.

Article 102 a)

Indirectly imposing unfair trading conditions;
detrimental to competition, by removal of consumers
access to some of the defect provisions in the consumer directive,
and otherwise imposing almost mandatory
buying of Microsoft Windows with their machines, using a
dominant position within the internal market.

The misuse of the Microsoft Windows dominant position is probably
also the case in other Member States.

documentation that can be provided:
written response from  Elgiganten, Fona, Expert and
Computercity to make it impossible to get Linux on
laptop, desktop or netbook.
Provisions from microsoft EULA,
Danish Consumer Complaints Board's decision on Windows XP.
Lyngby court verdict of Poul-Henning Kamps license.

Best regards
Olaf Zinck and Keld Simonsen
Professional Linux Association of Denmark (KLID)
Sankt Jørgens Allé 8, 1. th
DK-1615 København V
tel: +45 33226543
Email: bestyrelse@klid.dk