Microsoft promised a browser ballot screen, then accidentally skipped it for 14 months

In 2007, Opera Software filed a complaint with the European Commission alleging Microsoft abused its PC-OS dominance by tying Internet Explorer to Windows. The Commission opened an investigation in January 2009, stating that bundling Internet Explorer “harms competition between web browsers, undermines product innovation and ultimately reduces consumer choice.” Facing a likely fine, Microsoft offered a remedy: a “ballot screen” displayed to new Windows users that let them choose from a dozen competing browsers. The Commission accepted the commitment in December 2009.

The ballot screen (BrowserChoice.eu) was delivered through Windows Update and worked as intended for about 13 months. But when Microsoft released Windows 7 Service Pack 1 in February 2011, the feature was silently dropped. For the next 14 months, approximately 15 million Windows users across Europe did not receive the choice screen. Microsoft continued to report to the Commission that the ballot screen was present, and the lapse went undetected until a routine monitoring report flagged the discrepancy in July 2012.

The European Commission reopened the case. In March 2013 it fined Microsoft €561 million for failing to comply with its legally binding commitment. Microsoft described the omission as a “technical error” and did not contest the fine. The company also extended its browser choice obligation by 15 months and agreed to enhanced monitoring and compliance reporting for five years.