XYZ Vs Microsoft Corporation (Competition Commission of India)
The Competition Commission of India (CCI) has dismissed a case filed against Microsoft Corporation and its Indian subsidiary, alleging abuse of dominant position under Section 4 of the Competition Act, 2002. The informant claimed that Microsoft’s bundling of Microsoft Defender with Windows operating systems from Windows 10 onwards, along with restrictive practices like the Microsoft Virus Initiative (MVI) program, disadvantaged third-party antivirus software providers.
The informant argued that Microsoft leveraged its dominant position in the licensable desktop operating systems market in India to favor its own antivirus software, Microsoft Defender. Key allegations included that Microsoft Defender, as the pre-installed and default antivirus, restricted third-party functionality, limited access to critical features, and forced developers to comply with restrictive agreements like the MVI program. The informant also stated that non-MVI members faced operational challenges, hindering their market viability.
Microsoft countered these allegations, stating that Microsoft Defender is an integral part of Windows OS, ensuring user protection against cyber threats. They argued that users can freely install third-party antivirus software, which automatically disables Microsoft Defender’s real-time protection. Microsoft also clarified that the MVI program is optional and aims to improve malware detection and remediation through collaboration with antivirus vendors.
