FAS Terminated Proceedings against Laptop Manufacturers
OREANDA-NEWS. November 26, 2009. The Federal Antimonopoly Service (FAS Russia) terminated an antimonopoly case against "Асеr Inc.", "ASUSTeK Computer Inc.", "Toshiba Corporation", "Hewlett-Packard Company", "Samsung Electronics Co. Ltd." and "Dell Inc.", initiated for the elements of concerted actions (Clause 5 Part 1 Article 11 of the Federal Law "On Protection of Competition"), reported the press-centre of FAS Russia.
In particular, FAS Russia suspected that the laptop manufacturers violated the antimonopoly laws by pre-installing an operational system of the same vendor in laptops, purchased by consumers who mostly have no possibility to select and buy a required laptop model without a pre-installed operational system, or refuse to use the products tied to the purchase (an operational system from "Microsoft").
Having investigated the case, FAS Russia did not confirm the fact of concerted actions.
At the same time, after FAS Russia initiated the antimonopoly case, "Асеr Inc.", "ASUSTeK Computer Inc." and "Samsung Electronics Co. Ltd." developed and are implementing the programs for returning operational systems (OS) in the Russian Federation. The companies presented relevant documentation to FAS Russia. "Toshiba Corporation" has reported that the programs for returning OS pre-installed on its laptops will be introduced in the near future.
"Hewlett-Packard Company" and "Dell Inc." have existing programmes for returning the whole system by the clients.
Less than 0.1% of laptop buyers have taken advantage of the OS returning programmes after they were introduced, which confirms that laptop vendors pre-install operational systems due to customer demand.
Vendors also informed FAS Russia about a new possibility to buy laptops with a pre-installed alternative operational system or without it.
FAS Russia considered complaints from physical persons who could not return OS and receive compensation for their losses. Their statements will be forwarded to the Federal Service for Consumer Protection and Human Welfare (Rospotrebnadzor).
Also "TseST" Regional Public Organization withdrew its complaints against "Асеr Inc.", "ASUSTeK Computer Inc." and "Samsung Electronics Co. Ltd."
Reference:
Currently various models of the laptops of the following brands "Асеr", "ASUS", "Toshiba", "hp", "Samsung", "Dell" are available among others on the retail markets in the Russian Federation, distributed by retail chains. Those laptops are manufactured by foreign companies such as "Асеr Inc.", "ASUSTeK Computer Inc.", "Toshiba Corporation", "Hewlett-Packard Company", "Samsung Electronics Co. Ltd" and "Dell Inc.", registered outside the Russian Federation.
Based on the information requested by FAS Russia from the Moscow offices of those companies, it is possible to conclude that more than 90% of the laptops of the above brands are sold with a pre-installed operational system of "Microsoft Corporation".
Users can find out about the possibility to return OS when they first switch on the laptop and download the OS. At this moment the end user license agreement for using OS ("EULA") is downloaded, according to which OS is not imposed upon the laptop buyers. The agreement specifies that if the buyer does not wish to use the OS it can check with the laptop manufacturer about the OS returning procedures and compensation of its cots.
Also "Microsoft Corporation" and PC manufacturers (including laptop manufacturers) have direct sub-licensing agreements, which give manufacturers the right to pre-install "Windows" OS on their PCs (laptops) and then license them to the third parties.
The agreement also specifies a possibility to return the preinstalled inactivated "Windows" OS if an end user doesn't not wish to use it, as a result of which "Microsoft Corporation" shall pay an appropriate compensation to the manufacturer (if the end user returned the software to the vendor), which implies well-established manufacturer's procedures for paying an appropriate compensation to end users.
Earlier "Microsoft Corporation" amended its contracts with OEM, according to which the latter must establish the returning procedures.
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