Microsoft's Antitrust Allegations are Dismissed by CCI

An antitrust action against Microsoft for including its antivirus software with the Windows 10 operating system (OS) has been dropped by the Competition Commission of India (CCI). According to the regulator, there is no proof that Microsoft has imposed any limitations or requirements on customers' usage of the antivirus program Microsoft Defender. According to the ruling, customers are allowed to install and utilise whatever third-party antivirus software they like, free from contractual or technical restrictions. The Commission does not believe that Microsoft has violated any of the provisions of section 4 of the Competition Act. Section 4 of the Act forbids companies from abusing their position as the market leader.

What Filed Complaint States?

When Microsoft debuted its Windows 10 operating system in 2015, the informant claimed in a complaint against the company that Microsoft Defender was pre-installed. According to the complaint, third-party developers may have their software pre-installed through agreements, but not pre-activated, because Windows devices are only permitted to have one default antivirus app. For an antivirus program to function, including to carry out automated background system scans—a key characteristic that sets antivirus software apart—it must be set as the default. It went on to say that the default antivirus program has access to crucial functions like automatic updates, real-time protection, and on-demand scanning, but third-party apps without default status cannot. Because of their incapacity to perform at their best, third-party antivirus programs may find it difficult to compete and may eventually be removed from devices.

Response from Microsoft

Microsoft defended itself by claiming that Microsoft Defender is a fundamental security component built into the Windows OS that offers real-time protection rather than a stand-alone offering. Microsoft underlined that Defender comes pre-installed on Windows OS and is not advertised or sold separately, so consumers do not have to pay more for it. Furthermore, Microsoft asserted that it does not hold a dominating position in the relevant market and that there is no compelling element requiring Windows customers to use Microsoft Defender as their only or primary antivirus program.

Who is CCI?

In India, the CCI serves as the competition watchdog. Although the Commission was created in 2003, it wasn't until 2009 that it was completely operational. By actively engaging with all stakeholders, the government, and international jurisdiction, it seeks to create a competitive environment in the Indian economy. Preventing anti-competitive behaviour, fostering and maintaining market competition, safeguarding consumer interests, and promoting freedom of trade are the goals of the Commission.