BRUSSELS, July 10 (Reuters) - Microsoft ( MSFT ) has
clinched a 20-million-euro ($21.7 million) deal to settle an
antitrust complaint about its cloud computing licensing
practices, averting an EU antitrust investigation and potential
hefty fine.
Cloud services organisation CISPE, whose members include
Amazon ( AMZN ) and a score of small EU cloud providers,
complained to the European Commission in late 2022 alleging that
contractual terms imposed by Microsoft ( MSFT ) on Oct. 1 were harming
Europe's cloud computing ecosystem.
Microsoft ( MSFT ) ranks behind market leader Amazon ( AMZN ) in the
multibillion-dollar cloud computing sector but ahead of
Alphabet's Google. The industry has drawn antitrust
scrutiny on both sides of the Atlantic.
"After working with CISPE and its European members for more
than a year, I am pleased that we've not only resolved their
concerns of the past, but also worked together to define a path
forward that brings even more competition to the cloud computing
market in Europe and beyond," Microsoft ( MSFT ) President Brad Smith
said.
Microsoft ( MSFT ) will develop a product allowing CISPE's members to
run Microsoft ( MSFT ) software on their platforms on the U.S. tech
giant's Azure cloud infrastructure with prices equivalent to
Microsoft's ( MSFT ) prices, CISPE said. It has nine months to deliver.
Microsoft ( MSFT ) will also compensate CISPE members for lost
revenues related to their licensing costs over the last two
years, the group said. It did not disclose financial figures.
Microsoft ( MSFT ) has offered about 20 million euros in total, two
people with direct knowledge of the matter told Reuters.
The settlement does not include Amazon Web Services (AWS),
Google Cloud Platform and AliCloud, prompting criticism from the
first two companies.
"We continue to stand with the growing number of customers,
providers, and regulators globally who are calling on Microsoft ( MSFT )
to end its discriminatory practices for all customers," an AWS
spokesperson said.
The head of Google Cloud said he hoped regulators elsewhere
would continue to look into Microsoft's ( MSFT ) licensing practices
"Many regulatory bodies have opened inquiries into
Microsoft's ( MSFT ) licensing practices, and we are hopeful there will
be remedies to protect the cloud market from Microsoft's ( MSFT )
anti-competitive behavior," Amit Zavery said.
"We are exploring our options to continue to fight against
Microsoft's ( MSFT ) anti-competitive licensing in order to promote
choice, innovation, and the growth of the digital economy in
Europe."
CISPE said it would now withdraw its EU complaint and would
not start or support complaints on these issues in Europe and
elsewhere.
"This agreement will provide a level playing field for
European cloud infrastructure service providers and their
customers," CISPE Secretary General Francisco Mingorance said.
($1 = 0.9240 euros)