While most of the press attention has focused on the Commission’s decision regarding Web browser software in Windows, the Commission also announced Microsoft’s agreement to implement a series of measures to promote interoperability. The interoperability piece is important too because consumers of everything from cell phones to mainframe computers want assurances that their products will work seamlessly with other devices, software and services. In speeches in June 2008 and this October, Commissioner Kroes outlined a vision for how leading firms should address competition law concerns relating to interoperability. Commissioner Kroes championed industry standards as “the foundation of interoperability.” Products from different firms can work well together when they implement common, well-designed industry standards. In addition, when firms innovate in a proprietary manner, Commissioner Kroes observed, interoperability can be facilitated if firms (i) disclose sufficient technical information to enable other firms to build interoperable products; (ii) provide other firms with a remedy if the technical information disclosed is not complete and accurate and (iii) charge fair royalty rates for any intellectual property that is needed.
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