On 15th July 2009, the Commission of the Federal Antimonopoly Service (FAS Russia) began proceedings in a case against «Àñår Inc.», «ASUSTeK Computer Inc.», «Toshiba Corporation», «Hewlett-Packard Company», « Samsung Electronics Co., Ltd.» and «Dell Inc.» for the elements of violating the antimonopoly legislation. In accordance with the Determination of 20th July 2009, the FAS Russia's Commission, investigating the case, suspended the case until receiving additional evidence. The case will continue on 10th September 2009.
The case against the companies was initiated on 4th June 2009 for the elements of violating Clause 5 Part 1 Article 11 of the Federal Law «On Protection of Competition». It is suspected that the notebook manufacturers were engaged in concerted actions by pre-installing the operational system of the same vendor on the notebooks sold to consumers who in most cases did not have a possibility to choose and buy the required notebook model without a pre-installed operational system or refuse to use the product tied to their purchase (the operational system of the «Microsoft» Corporation).
In accordance with the petitions of the case participants, FAS Russia has brought Fujitsu Limited (of Japan) to the proceedings as an interested party. FAS Russia will also send enquiries to some other notebook manufacturers (of the Lenovo, Sony, and RoverBook brands) to check whether they have an existing procedure for returning the operational system.
The respondents must also present additional information. FAS Russia initiated administrative investigation against some companies for failure to present information (presenting incomplete information) upon a request of the antimonopoly authority.
The «Microsoft» Corporation, brought to the proceedings as an interested party, confirmed that the licence agreements with PC vendors do not set any restrictions or requirements to sell PC with pre-installed operational systems, or any obstacles for returning the pre-installed operational system. To prevent future imposing of the operational system, «Microsoft» presented information on changes to the draft contracts with notebook manufacturers, which would obligate the latter to have procedures for returning operational systems from end users.
«FAS Russia looks positively at any initiatives towards changing the existing situation. If the draft license contract with OEM, presented to FAS Russia, comes into force, a buyer of any notebook with a pre-installed operational system will be able to take advantage of the return procedures and refuse to use the operational system, which will have positive effect upon development of competition on the market of operational system without infringing the users' rights and legitimate interests», said Anatoly Golomolzin, Deputy Head of FAS Russia and the Commission Chairman.
