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Re: [LUG] Microsoft to be barred from pulic procurement??

 

Tom Potts wrote:
> http://www.groklaw.net/article.php?story=20080410050845876
> Wow!
> Tom te tom te tom
>
>
>   
Article 93 1 b) looks like it may have nailed them?

'On march 2004, the Commission adopted a decision declaring that 
Microsoft had seriously violated EU competition rules by abusing the 
dominant position in the software market, causing a huge damage both on 
competitors and consumers. On 17 September 2007, the Court of First 
Instance (CFI) rejected Microsoft's appeal (Case T-201/04). Microsoft 
has not appealed the CFI ruling, which can be deemed to have the force 
of /res judicata/.'

93/1/b says -
1. Candidates or tenderers shall be excluded from participation in a 
procurement procedure if:
(b) they have been convicted of an offence concerning their professional 
conduct by a judgment which has the force of res judicata;

*possibly e) as well?

(e) they have been the subject of a judgment which has the force of res 
judicata for fraud, corruption, involvement in a criminal organisation 
or any other illegal activity detrimental to the Communities' financial 
interests;

1-0 to the EU.

Even if it doesn't happen it would be a shot across the bows not only to 
Microsoft, but to all the government bodies using Windows - who in 
government wants to be seen using a product from a company banned from 
tendering?  I'm not even sure they could, unless the ban wouldn't cover 
current contracts.  Even so any smart department head with a contract 
renewal loming would be wise to look elsewhere.

Kind regards,

Julian

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