这是FCO经历五年时间对微软作出的认定。至此，微软在德国就和苹果、亚马逊、谷歌母公司 Alphabet 和 Meta 一样，将根据2021年生效的德国竞争法，受到更严格的监控。而且FOC对微软新的监管权限适用于微软整体，不只是微软的个别服务或产品。German regulatory agency FOC has identified microsoft as a "company crucial for cross-market competition", which means that once FOC deems intervention necessary, it will take action against microsoft to prohibit the company's "anti-competitive behavior".
$Microsoft (MSFT.US)$The use of artificial intelligence (AI) and other methods may face stricter antitrust scrutiny in Germany.
Germany's antitrust regulator, the Federal Cartel Office (FCO), announced on Monday, September 30 local time that it considers Microsoft as a company 'critical for cross-market competition.' Placing Microsoft in this category means that Microsoft falls under Germany's special abuse control regime, and if FOC deems intervention necessary, it will take action against Microsoft, prohibiting the company's 'anti-competitive behavior.'
This is the result of FOC's five-year assessment of Microsoft. Thus, Microsoft in Germany, like Apple, Amazon, Google's parent company Alphabet, and Meta, will be subject to stricter monitoring under Germany's 2021 competition law. Moreover, FOC's new regulatory authority over Microsoft applies to the company as a whole, not just its individual services or products.
FOC's Director Andreas Mundt stated in Monday's announcement: 'Microsoft's numerous products are ubiquitous in companies, government departments, and private households, and have become an indispensable part.'
FOC's statement mentions that Microsoft's Windows operating system has been dominant for 'many years,' and Office products and other software have also established a very strong influence. Microsoft is also heavily developing the Azure cloud platform and increasingly using AI, including through its Copilot AI assistant and its collaboration with OpenAI to develop ChatGPT.
FOC emphasizes the use of Copilot AI in 'many parts' of Microsoft's ecosystem. FOC also believes that Microsoft's advantage in cloud computing helps the company establish partnerships with 'highly innovative vendors' as Microsoft can 'offer their AI models as services on Azure and integrate them into their products.'
'Today, Microsoft's ecosystem is stronger and more closely interconnected than ever before,' Mundt said.
A Microsoft spokesperson subsequently stated that Microsoft recognizes the responsibility to support a healthy competitive environment and will strive to take a proactive, cooperative, and responsible attitude in its cooperation with FOC.
Although FOC stated that no decision has been made regarding potential litigation, commentators believe that FCO's determination enables German government regulators to closely monitor how Microsoft leverages its influence through activities in the generative AI field with FOC.
Microsoft has already invested a total of $13 billion in OpenAI. FCO previously focused on the cooperation between Microsoft and OpenAI. Last November, FOC stated that the cooperation between Microsoft and OpenAI did not meet traditional merger review thresholds. However, FOC now has greater authority to actively regulate Microsoft and the trade between Microsoft and OpenAI may face stricter scrutiny in Germany.
On Monday this week, Microsoft's stock price fluctuated, falling over 0.6% intra-day when hitting a new daily low during morning trading. It rose again towards the end of the morning session, then fell again during the afternoon session. With a late-session rise, it ultimately closed up over 0.5%, bidding goodbye to the closing low since September 12th set by two consecutive declines last Friday. It rose over 3% in September, but fell over 3.7% for the third quarter.
Editor/ping