Some of you may be aware that, way back in 2009, Microsoft reached a
deal with the European Commissioner for Competition Policy. In essence, Microsoft agreed that for the next 5 years (i.e. until 2014), whenever anyone in Europe installs a fresh copy of Windows, they'll get a choice of browsers, rather than just getting good (?) old Internet Explorer foisted on them. Furthermore, Microsoft needs to file annual attestations with the commissioner that they are still following the terms. The most recent filing was in December of last year, and Microsoft insisted that everything was still fine, and they were still providing people with a choice of browser on install.
Except, Microsoft being Microsoft, they
weren't providing the choice. It turns out that SP1 for Windows 7 (which was released in February of 2011, 10 months before their last filing) somehow broke this bit. In other words, Microsoft's been caught lying to the EC. Their defense? They "didn't notice". For ten months. Is that a legal defense now? If I get pulled over for speeding, can I just claim I didn't notice I was doing 140 in a 60 zone?
EDIT - If the EU decides to punish Microsoft for this, the fine could reach $7 billion (10% of Microsoft's turnover),
according to competition law specialist Alan Davis of Pinsent Masons, the law firm behind Out-Law.com.