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Microsoft's billion pound battle with the UK CMA
12/12/2024 ~ 1:34:12 PM

๐—ง๐—ต๐—ถ๐˜€ ๐—ฎ๐—ฟ๐˜๐—ถ๐—ฐ๐—น๐—ฒ ๐˜„๐—ฎ๐˜€ ๐˜„๐—ฟ๐—ถ๐˜๐˜๐—ฒ๐—ป ๐—ฏ๐˜† ๐—œ๐—ป๐˜๐—ฒ๐—ด๐—ฟ๐˜‚๐—บ ๐—˜๐—ฆ๐—š ๐—ฅ๐—ฒ๐˜€๐—ฒ๐—ฎ๐—ฟ๐—ฐ๐—ต ๐—”๐—ป๐—ฎ๐—น๐˜†๐˜€๐˜ ๐—œ๐—ท๐—ฎ๐—ต ๐—ข๐—ณ๐—ผ๐—ป.

Microsoft may be forced to pay ยฃ1bn in legal fees after seemingly overcharging for their software, forcing UK businesses to use Microsoft Azure, its cloud computing service, and restrict competition in the sector.ย ย 

๐—ช๐—ต๐—ฎ๐˜ ๐˜„๐—ฎ๐˜€ ๐—ฝ๐—ถ๐—ฐ๐—ธ๐—ฒ๐—ฑ ๐˜‚๐—ฝ ๐—ผ๐—ป ๐˜๐—ต๐—ฒ ๐—œ๐—ป๐˜๐—ฒ๐—ด๐—ฟ๐˜‚๐—บ ๐—˜๐—ฆ๐—š ๐—ฃ๐—น๐—ฎ๐˜๐—ณ๐—ผ๐—ฟ๐—บ? ๐Ÿ’ปย ย 

On Tuesday the 3rd of December, the real-time sentiment tracker picked up multiple accounts of this story, flagging it as a rising concern.ย ย 

๐—ช๐—ต๐—ฎ๐˜ ๐—ฎ๐—ฐ๐˜๐˜‚๐—ฎ๐—น๐—น๐˜† ๐—ต๐—ฎ๐—ฝ๐—ฝ๐—ฒ๐—ป๐—ฒ๐—ฑ? ๐Ÿ“ฐย ย 

A ยฃ1bn class action lawsuit has been brought forward in the UK by regulation expert, Dr Maria Luisa Stasi and has been filed with the UKโ€™s Competition Appeal Tribunal.ย ย 

The suit alleges that customers using competitors such as Google Cloud or Amazon AWS are being forced to pay higher fees for Windows Server licenses on these platforms, rather than those using Microsoft's own Azure cloud platform.ย ย 

The UKโ€™s Competition and Markets Authority (CMA) has also been investigating and monitoring the cloud computing industry, as concerns continue to stack against tech giants like Microsoft for monopolising the market.ย ย 

This has a significant impact on UK SMEโ€™s, many of whom are facing significant charges from Microsoft as the company continues to push prices up for their Windows Server. ย ย 

๐—›๐—ผ๐˜„ ๐—ฑ๐—ถ๐—ฑ ๐—ถ๐—ป๐˜ƒ๐—ฒ๐˜€๐˜๐—ผ๐—ฟ๐˜€ ๐—ฟ๐—ฒ๐—ฎ๐—ฐ๐˜? ๐Ÿ“‰ย ย 

This type of claim is still relatively new, having only been introduced in the UK in 2015; meaning investors will need to exercise patience before they are able to factor claims like this into their long-term decision making.ย ย ย 

While we may not see the true implications of this immediately, it is something to monitor as regulatory standards continue to tighten.ย ย 

A key aspect to note is that the CMA have demonstrated their willingness to go after a tech giant such as Microsoft, meaning there will be little wriggle room for smaller companies in the sector. ย ย 

๐—–๐—ฎ๐—ป ๐—ถ๐—ป๐˜ƒ๐—ฒ๐˜€๐˜๐—ผ๐—ฟ๐˜€ ๐˜‚๐˜€๐—ฒ ๐—˜๐—ฆ๐—š ๐—ฑ๐—ฎ๐˜๐—ฎ ๐˜๐—ผ ๐—ฎ๐—ป๐˜๐—ถ๐—ฐ๐—ถ๐—ฝ๐—ฎ๐˜๐—ฒ ๐˜๐—ต๐—ฒ๐˜€๐—ฒ ๐—ฒ๐˜ƒ๐—ฒ๐—ป๐˜๐˜€? ๐Ÿ—‚๏ธย ย 

The Integrum ESG Platform has given Microsoft an overall score of 1 out of 4 for the Competitive Behaviour metric. ย ย 

Whilst we have captured that the company has a Fair Competition Policy in place, their recent actions show this is either not robust enough or they are blatantly contradicting it. ย ย 

Their poor performance for this metric can be attributed to their opaqueness regarding their lack of disclosure of any legal fines on this issue in their most recent 10-K.ย ย 

This is just one of many examples demonstrating how ESG data, both fundamental and real-time, can unravel stories and increase awareness on ESG risks.

๐—ช๐—ต๐—ฎ๐˜ ๐—ฑ๐—ผ ๐˜†๐—ผ๐˜‚ ๐˜๐—ต๐—ถ๐—ป๐—ธ?

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