EC V. MICROSOFT DEMARCHE: AUSTRIAN RESPONSE

UNCLAS VIENNA 000942 SIPDIS STATE FOR EBB/TPP/IPE (BEATRICE SOILA) AND EUR/AGS STATE PASS TO USTR (VICTORIA ESPINEL AND JAMES MENDENHALL) JUSTICE FOR RENATA HESSE COMMERCE FOR JOHN MASTERSON NSC FOR JOHN HERRMANN SIPDIS, SENSITIVE E.O. 12958: N/A TAGS: ETRD KIPR EUN AU SUBJECT: EC V. MICROSOFT DEMARCHE: AUSTRIAN RESPONSE REF: STATE 46956 ¶1. (U) Post conveyed reftel non-paper and talking points March 29 to Stefan Keznickl, Deputy Managing Director of the Austrian Federal Competition Authority (FCA),which is responsible in the GoA for national and EU-level antitrust cases. Post also provided reftel information to Martin Eichtinger, the Minister of Economy's Chief of Staff. Keznickl said that the Commission had invited Member States to the March 30 hearing, but Member States did not intend to intervene in the process between the EC and Microsoft. Austria would therefore not have any coordinating role in its Presidency function. However, Keznickl added that the Council would discuss the case at a later stage. He said there was no date yet for the Council discussion. ¶2. (SBU) Keznickl underscored that the GoA did not believe the EC had been uncooperative in the process, noting that it was necessary for both sides to work together. According to Keznickl, Microsoft's inadequate technical documentation had hindered progress in this case. MCCAW#