D&C GLug - Home Page

[ Date Index ] [ Thread Index ] [ <= Previous by date / thread ] [ Next by date / thread => ]

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

 

Julian Hall wrote:
> 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
> 

But does the that just include suppliers (i.e. resellers of licences) or 
Microsoft itself?

When I work working in a scientific research institute a couple of years 
back we didn't get Windows, Office, etc from Microsoft directly, it was 
through one of their 'Partners'.

Rob


-- 
The Mailing List for the Devon & Cornwall LUG
http://mailman.dclug.org.uk/listinfo/list
FAQ: http://www.dcglug.org.uk/linux_adm/list-faq.html