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● 09.04.11

●● Cablegate: Deputy Managing Director of the Austrian Federal Competition Authority (FCA) Said Microsoft’s Inadequate Technical Documentation Had Hindered Progress in the EU Case

Posted in Antitrust, Cablegate, Europe, Microsoft at 6:56 pm by Dr. Roy Schestowitz

Summary: The EU case against Microsoft has Stefan Keznickl remark privately about the stance of the FCA, after the EU Commission invited Member States

THIS cable is short and it is probably the last one for today. This Cablegate cable shows something that the public was probably not aware of, probably not at the time anyway:

VZCZCXRO6879

PP RUEHDT RUEHLMC RUEHMR RUEHPA RUEHPB

DE RUEHVI #0942 0891119

ZNR UUUUU ZZH

P 301119Z MAR 06

FM AMEMBASSY VIENNA

TO RUEHC/SECSTATE WASHDC PRIORITY 2920

INFO RUCNMEM/EU MEMBER STATES COLLECTIVE PRIORITY

RUEHBS/USEU BRUSSELS PRIORITY

RUEAWJA/DEPT OF JUSTICE WASHINGTON DC PRIORITY

RUCPDOC/USDOC WASHDC PRIORITY

RHEHNSC/NSC WASHDC PRIORITY

UNCLAS VIENNA 000942

SIPDIS

STATE FOR EBB/TPP/IPE (BEATRICE SOILA) AND EUR/AGS

STATE PASS TO USTR (VICTORIA ESPINEL AND JAMES MENDENHALL)

JUSTICE FOR RENATA HESSE

COMMERCE FOR JOHN MASTERSON

NSC FOR JOHN HERRMANN

SIPDIS, SENSITIVE

E.O. 12958: N/A

TAGS: ETRD, KIPR, EUN, AU

SUBJECT: EC V. MICROSOFT DEMARCHE: AUSTRIAN RESPONSE

REF: STATE 46956

1. (U) Post conveyed reftel non-paper and talking points

March 29 to Stefan Keznickl, Deputy Managing Director of the

Austrian Federal Competition Authority (FCA), which is

responsible in the GoA for national and EU-level antitrust

cases. Post also provided reftel information to Martin

Eichtinger, the Minister of Economy's Chief of Staff.

Keznickl said that the Commission had invited Member States

to the March 30 hearing, but Member States did not intend to

intervene in the process between the EC and Microsoft.

Austria would therefore not have any coordinating role in

its Presidency function. However, Keznickl added that the

Council would discuss the case at a later stage. He said

there was no date yet for the Council discussion.

2. (SBU) Keznickl underscored that the GoA did not believe

the EC had been uncooperative in the process, noting that it

was necessary for both sides to work together. According to

Keznickl, Microsoft's inadequate technical documentation had

hindered progress in this case.

MCCAW#

See what we previously wrote about Microsoft in Austria [1, 2]. █

=> 1 | 2

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