The man who advised the European Commission in its probe against Microsoft for abuse of dominance is reportedly being suit for nearly $4 million. Neil Barrett helped secure a nearly $2.6 billion fine against Microsoft in the case, which began with a fine issued to Microsoft in 2004. He is now facing a lawsuit for alleged breach of contract and trust. According to reports, Barrett became head of Monitoring Trustee Limited, which was appointed to monitor Microsoft to ensure the company was complying with its settlement with the European Commission. Microsoft was ordered to pay the fees of that monitoring body, but an appeal by Microsoft lead the European Court of the First Instance to delegate that the Commission should be responsible for paying those fees. When Microsoft was again fined in 2008 for not complying with its settlement agreement, the Commission hired auditors Moore Stephens to provide a report of Monitoring Trustee Limited’s accounts following that 2008 fine. The auditors found that MTL paid Barrett for funds not covered by the Trustee Mandate, agreed upon by the Commission, Microsoft and Barrett. The Commission is now arguing that Barrett should repay those fees, but Barrett is reportedly contesting those claims.
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