Microsoft Counsel David Heiner Points Out Eric Schmidt’s Previous Involvement With European Commission Complaints

Posted Feb 28, 2010

Microsoft Corporation (NASDAQ:MSFT) Counsel David Heiner wrote a memo about the situation that Google Inc. (NASDAQ:GOOG) is involved in with the European Commission. Google pointed out on a blog that Microsoft has ties to two of the companies involved with the complaint. Heiner directly responded with the following note:

?Complaints in competition law cases usually come from competitors. (Believe me, I know: I?ve been chief competition counsel at Microsoft since 1994, so I?ve seen plenty of competitor complaints. Novell, when current Google CEO Eric Schmidt was at the helm, was never hesitant about complaining to regulators about Microsoft. Google hasn?t been shy about raising antitrust concerns about Microsoft in the last few years, either.) This is the way that competition law agencies function: They look to competitors in the first instance to understand how particular markets operate, the practices of dominant firms and the competitive significance of those practices.?

Do you think that Eric Schmidt is getting a taste of his own medicine here? Or do you think Microsoft is bringing up the past in the wrong context here? Let us know what you think in the comments.