How Europe's Mandated Browser Ballot Screen Works
CWmike writes "After an 11-month legal face-off, Microsoft and European antitrust officials signed off yesterday on the ballot screen concept that will give Windows users a chance to download rivals' browsers. But now that the battle's over and the ink has dried, it's time to look closely. Some FAQ examples: What's Microsoft promised? How will it work? How many browsers will be on the ballot? Who decides which browsers? Who will see it?"
As a law student that has taken Antitrust law, I can confirm that that IS the logic. Essentially, it is not illegal to maintain a policy by historic accident, market preference, or even government fiat. However, it is illegal to leverage your monopoly in one area to create a monopoly in another field or to use anticompetitive tactics to maintain your monopoly.
For example, if MS refused to sell Windows 7 licenses to companies that also sold pre-installed Linux computers, that would likely be an antitrust violation, because MS would be maintaining its monopoly by anti competitive means rather than maintaining it as a result of mere customer preference.
However, IE would not be in the dominant position it is today if it weren't for MS's use of its OS monopoly to create a monopoly in the browser market. The EU wants users to have a choice of browsers to prevent just this behavior. Europe also generally has much higher Firefox penetration than the US, so I would not' be surprised if this does have an impact.