UPDATE 4: Kaspersky Lab files suit to EC against Microsoft for unfair work

(Add more comments from plaintiff in last four paragraphs)

MOSCOW/BERLIN, Jun 6 (PRIME) -- Russian antivirus software maker Kaspersky Lab has filed a lawsuit to the European Commission and Germany’s Federal Cartel Office against Microsoft for abuse of dominance on the operating system market and unfair competition on the market of solutions against computer threats, Kaspersky Lab said on Tuesday in a statement.

“With the release of Windows 10, Microsoft started to create obstacles to competing manufacturers of security solutions, and introduce different ways of pushing users to forgo third-party software in favor of its own Windows Defender. These actions by Microsoft lead to a lower level of protection for users, a limitation on their right to choose, and financial losses both for users and security solutions manufacturers,” Kaspersky Lab said.

All of the above limits freedom of choice for users, and not only creates inconvenience for them when using third-party programs on their devices, but also reduces their level of security, the company said. A user should be able to receive reliable information regarding their protection and use the programs they choose without impediment.

“In addition there is a danger for users caused by the lack of equal opportunities for all manufacturers of security solutions. Healthy competition stimulates companies to create better quality security solutions that positively impact on the industry in general, and the protection of users in particular. Variety of security solutions on the market allows people to choose the best, and makes bypassing protection by cybercriminals more difficult,” Kaspersky Lab said.

Russia’s Federal Antimonopoly Service opened the case against Microsoft in 2016 after Kaspersky Lab complained that the U.S. company had cut the compatibility adaptation time of antivirus software of third-party developers for Windows 10 to six calendar days from two months.

The antitrust watchdog considered Kaspersky Lab’s lawsuit against Microsoft on June 2 and delayed it for the fourth time with a new date of hearings to be announced shortly.

“The case was delayed because the (service’s) commission has decided to issue a warrant to Microsoft on signs of violation of the competition law,” a spokesperson for the antitrust said.

Kaspersky Lab’s General Director Yevgeny Kaspersky said in January that the antimonopoly case against Microsoft could last for years.

Microsoft is sure that security means of Windows 10 were created in compliance with the competition law, a spokesperson for the U.S. company said.

“The main goal of Microsoft is to protect the company’s clients…We’re ready to respond to any questions of regulators,” the spokesperson said.

A spokesperson for Germany’s Federal Cartel Office confirmed the receipt of Kaspersky Lab’s complaint and said that the document is being considered.

The lawsuit filed to the European Commission is a precedent for the antivirus software industry, and its consideration could take several years, as a spokesperson for Kaspersky Lab said.

“In Russia, terms are strictly administrated: no more than nine months from the moment of opening of an antimonopoly investigation. Europe does not have such a rule, and the case could take several years,” the spokesperson said.

Under the procedure, Russian antimonopoly authorities investigate the contents of the application, consider and take into account factual information from the both parties, which are Kaspersky Lab and Microsoft in this case, then hold hearings with representatives of the both parties before making a decision.

In Europe, a regulator can additionally work with every participant directly, ask for required materials, clarifications and proof.

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