By Jon Swartz
For more than a year, Microsoft Corp. avoided Congress’ antitrust scrutiny with a deft strategy, but the software giant now finds itself the target of rivals’ anger for its finger-pointing tactics.
Much to the exasperation of Apple Inc. AAPL and Google parent Alphabet Inc. GOOGL GOOG , Microsoft MSFT and its president, Brad Smith, has publicly supported antitrust actions against them to gain a competitive advantage, sources close to both companies told MarketWatch. This prompted Apple’s vocal criticism of Microsoft during the Epic Games Inc.’s antitrust trial against the iPhone maker.
Now, insiders at Google, Amazon.com Inc. /zigman2/quotes/210331248/composite AMZN +0.28% , and Facebook Inc. /zigman2/quotes/205064656/composite FB +2.02% are increasingly claiming Microsoft has hypocritically presented itself as the White Knight of tech, unsullied by the anticompetitive behavior of Big Tech. All four companies under federal investigation — Alphabet, Amazon, Apple, and Facebook — declined to speak on the record. But representatives from all four emphatically made it clear to MarketWatch that Microsoft is overplaying the antitrust card to make up ground in key technology areas such as mobile and gaming where Microsoft has lagged behind its rivals.
The strategy has worked swimmingly: Microsoft topped $2 trillion in market value last week, joining Apple in the exclusive club while generally dodging the attention of antitrust investigations, a new package of Congressional bills, and lawsuits.
“Microsoft is the original bad actor,” civil liberties attorney Shahid Buttar told MarketWatch, echoing the gripes of Microsoft’s rivals. “It’s pretty laughable, considering what they’ve said about antitrust the past year. This is beyond cynical.”
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Microsoft’s diversionary tactics were called into question last week during markup of a package of sweeping antitrust bills designed to rein in Big Tech . Rep. Thomas Massie, R-Ky., claimed on the House floor that an early draft of the bills that would have covered Microsoft was rewritten to have the company carved out. Original versions of the draft bills, he pointed out, defined “online platform” as including “operating systems” while the amended versions that were introduced and approved define “online platform” to only include “mobile operating systems.”
This would mean Windows is not a covered platform under the bills. Earlier drafts also included a much lower total of monthly active users (500,000) to be a target of the bill, but it was raised to 50 million, which would exclude Microsoft’s Xbox videogame console. (The bills target companies based on the definition of a “covered platform” with 50 million MAUs or 100,000 monthly active business users run by a company with a market cap of more than $600 billion.)
“I’m trying to figure out why one of the big offenders of Big Tech has mysteriously evaded the scrutiny of this committee,” Massie said . “I’m talking about Microsoft… How is it not covered by these bills?”
A spokesman for Massie declined to comment further.
On Thursday, the House Judiciary Committee passed the final piece of its Big Tech antitrust package . The six bills include one that severely limits acquisitions of competitors, and another that could force Facebook to cleave Instagram and WhatsApp from its holdings.
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Reaction from the other four members of Big Tech was quick and furious. The prevailing theme is that Microsoft — the focus of a major Justice Department investigation in the 1990s and early 2000s — is presenting itself as a “good monopolist,” in the words of one executive.
Learning from history, Microsoft — pilloried by rivals during its antitrust battle with the Justice Department in the 1990s and early 2000s — has weaponized the same issue this time around as part of a “master chess strategy,” as one former Microsoft exec now working at a Big Tech rival told MarketWatch.
Rep. David Cicilline, chairman of the House subcommittee that oversees antitrust, emphatically denied any bill was changed to exclude Microsoft and that the company did not have access to early copies.
“We shared drafts of bills throughout the investigation with people who participated in the investigation to get their feedback,” Cicilline said last week. “That happened all throughout the investigation and the drafting. So, they were shared with all of the people participating investigation.” (“I don’t know whether Microsoft would meet the test that is set forth in these five bills,” Cicilline told Axios on its Re:cap podcast on June 17.)
Cicilline did not respond to email messages seeking additional comments on the changes, and on his political contributions of more than $5,000 from Microsoft President Brad Smith . Cicilline said he has “sworn off” tech donations since his subcommittee first began its investigation in 2019. He took $1,000 this year from Glover Park Group, which counts Apple as one of its major clients. Apple does not have a corporate PAC.