In Russia, the investigation between Kaspersky Lab and Microsoft began in November 2016 / M. Stulov / Vedomosti

Kaspersky Lab has filed a complaint against Microsoft with the European Commission and the German Federal Cartel Agency: whether Microsoft is abusing its dominant position in the computer operating systems market and whether it is competing fairly in the antivirus software market.

In Russia, the Kaspersky Lab-Microsoft case began in November 2016. The Federal Antimonopoly Service (FAS) filed a case against Microsoft based on a complaint from Kaspersky Lab that before the release of Windows 10, Microsoft gave antivirus developers only a few days to ensure compatibility of their solutions with the operating system, a Kaspersky Lab representative told Vedomosti. Before the release of Windows 8 and Windows 7, developers were given two months and six days.

Microsoft's own product, Windows Defender, is automatically enabled if third-party software has not had time to adapt to Windows 10. The full operation of the antivirus depends on the adaptation period, explained Anatoly Golomolzin, deputy head of the FAS, shortening the period gives Microsoft unjustified advantages. According to Evgeny Kaspersky (the founder of the company runs a blog), Microsoft, without waiting for the FAS decision, fixed some of what did not suit Kaspersky Lab.

In addition to the adaptation period, the European Commission must establish the validity of other claims by Kaspersky Lab: whether Microsoft's recommendations to replace someone else's antivirus with a Microsoft product comply with antitrust law; whether the advertising messages about the properties of Windows Defender antivirus are truthful.

When upgrading the operating system to Windows 10, Microsoft promises to save all user applications (including antiviruses), but in reality makes them inoperable, complains Kaspersky Lab.

The lion's share

According to Netmarketshare data for May, 91.64% of devices in the world run Windows operating systems, and 26.8% run Windows 10 separately. In Russia, according to Liveinternet, Windows 10 is installed by 19.5% of users (11.9 million devices). The mass market (i.e. home users) accounts for two-thirds of Kaspersky Lab's global sales, a company representative reported in April 2015. And three months before that, she named its share in the mass segment of the Russian antivirus market (including free products) as 26%.

Microsoft's decision to shorten the adaptation period for a new version of Windows limits competition, Denis Mateev, CEO of the antivirus company Eset in Russia, is sure, although it will mostly affect free antiviruses. It is difficult to calculate how this will affect the market, inertia is great, he continues: the user switches to another antivirus when his license expires or when he feels that the protection is insufficient. He does not see any serious risks of a decrease in Eset's market share.

It is not the losses that are the subject of the investigation, a representative of Kaspersky Lab reports, Microsoft's decision concerns not only users of free antiviruses, but also those who paid for the program and do not expect it to be deactivated when switching to a new operating system.

Doctor Web CEO Boris Sharov claims that Microsoft is depriving his company of important technological advantages that allowed it to protect users from unknown and complex threats, and recalls the May attack by the WannaCry ransomware virus, which got through Windows. Forcing people to switch to an undoubtedly weak product in the context of virus writers becoming more active is very sad, agrees Mateev from Eset.

The European Commission will consider the complaint for 2-3 years, says Andrey Astanin, head of the antitrust practice at the law firm Sameta: the complaint does not guarantee that a case will be opened, much less that Microsoft will be recognized as a violator. But Astanin is confident that the case being considered by the FAS will be taken into account.

A European Commission spokesperson confirmed that Kaspersky Lab's statement had been received. A Microsoft spokeswoman said the company's primary goal was to protect customers. Windows 10 security features comply with competition law and Microsoft stands ready to answer any questions from regulators, she concluded.

Eugene Kaspersky complains in Europe too