Horacio Gutierrez Mission Quotations

Last week the Commission said it was premature for Microsoft to allege they are riding roughshod over our rights of defense. Today we are less than a week away from the deadline for filing our response and have been denied access to the complete file, so I suppose it is now official and they are indeed riding roughshod over our defense rights.

These contacts call into question whether the reports are really independent, impartial assessments of Microsoft's technical documentation, or instead are argumentative tracts developed for the Commission with the assistance of Microsoft's competitors.

These contacts call into question whether the reports ... are really independent, impartial assessments of Microsoft's technical documentation, or instead are argumentative tracts developed for the Commission with the assistance of Microsoft's competitors.

We have made every change the commission has asked us to make to the technical documentation, and we are prepared to do more if they request it. Yesterday's announcement underscores Microsoft's commitment to meeting the commission's demands.

We continue to have serious concerns about the lack of access to important documents in this case. Our repeated requests to the European Commission for full and fair file access have not been successful, so we are now turning to the U.S. courts for assistance.

The Commission cannot unilaterally take away a fundamental right of defense.

While the documents provided do not include the direct correspondence between the Commission and its technical experts, they show that the Commission, the trustee, and Microsoft's adversaries were secretly collaborating throughout the fall of 2005 in a manner inconsistent with the Commission's role as neutral regulator and the Trustee's role as independent monitor.

The unsupervised and undocumented meetings between the trustee and Microsoft's adversaries encouraged by the commission violated the commission's own procedural safeguards as well as general principles of due process.

What we have submitted to the Commission responds to all the requirements they have made known to us.