Here's the reply from the Commission. There should be an official reply to the complaint as well. The reply below is just 'informal' on the basis of a consumer complaint. I also made a complaint concerning the failure of the Belgian state to protect consumers from an illegal sales practice operated by Microsoft consisting of forcing almost all consumers to pay for a Microsoft Windows license regardless of whether they 1) wanted to do so 2) intended to use the license or not.
If you would like a jpg copy (100kb) of this letter please email me. dafydd
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Dear Mr. Ferguson,
Thank you for your email dated I7 June 2006 to the Consumer Officer. This email relates to the possibility of purchasing PCs without a preinstalled Windows operating system.
The Commission is aware of the difficulties encountered by consumers to purchase PCs without an operating system on them or alternatively with another operating system than Windows.
As regards the possibility of purchasing a PC without an operating system, I understand that Microsoft's licensing agreements with PC manufacturers encourage (through the grant of rebates) the pre-installation of operating systems on PCs. However, this does not have to be a Microsoft operating system. The Commission is not aware of any obligation either contractual or financial, obliging the PC OEMs to sell their PCs with Windows operating systems in particular.
Furthermore, it appears that the choice of a PC vendor to offer PC with or without an OS is not so much influenced by the rebate offered by Microsoft than by the existence of effective consumer demand for PCs with operating systems. We suspect that the structure of the market and demand from consumers is the driving force behind the decision by PC vendors to offer Windows preinstalled on the majority of their computers. If this is information is confirmed, the conduct of PC manufacturers would be justified by pure commercial reasons and may not fall under the provisions of EC competition law.
That said we have not yet finalized our review of the market and are grateful that you took time to inform us of the problems you have encountered. Against this background, I would like to take this opportunity to inform you that the Commision intends to examine these questions in greater detail in the future.
Yours sincerely,
Angel TRADACETE COCERA
EUROPEAN COMMISSION DG Competition Director Directorate C: Information, Communication and Media B-1049 Brussels