CCI Dismisses Antitrust Complaint Against Microsoft Over Windows Defender

The Competition Commission of India (CCI) has dismissed an antitrust complaint against Microsoft, which alleged that the company engaged in anti-competitive practices by bundling its antivirus software, Microsoft Defender, with its Windows operating system. According to a report by Bar and Bench, the case was brought forward by an anonymous informant who argued that Microsoft’s approach created significant challenges for third-party antivirus software developers.

Per the complaint, Microsoft has been pre-installing and pre-activating Microsoft Defender on all Windows OS devices since the launch of Windows 10 in 2015. The informant contended that this practice forced independent antivirus developers to join Microsoft’s Virus Initiative (MVI) program to ensure their software remained competitive in the market.

The complaint identified three major concerns. Firstly, third-party developers had to agree to a unilateral contract to access Microsoft’s Antimalware Application Programming Interface (API), which is crucial for ensuring compatibility with Windows OS. Secondly, the only pathways available for these developers to integrate their software with Windows were through the Microsoft Store, sideloading, or agreements with Original Equipment Manufacturers (OEMs), with the MVI program presenting a substantial hurdle. Lastly, third-party antivirus solutions could not operate optimally unless set as the default, as real-time protection and automatic updates were restricted to Microsoft Defender.

Related: Microsoft Under French Antitrust Investigation Over Bing Practices

In response, Microsoft defended its approach by asserting that Defender is an essential component of the Windows OS and is offered at no additional cost to users. The company emphasized that Windows users have the freedom to install third-party antivirus programs and, once an alternative solution is set as the default, Defender is automatically disabled. Additionally, Microsoft clarified that joining the MVI program is entirely optional and does not prevent developers from distributing their software via the Microsoft Store or direct downloads.

After reviewing the case, the CCI concluded that there was insufficient evidence to support claims of anti-competitive behavior. The commission examined multiple factors, including unfair conditions, barriers to technical development, tying practices, leveraging dominance, and restricted market access. The ruling determined that Microsoft does not compel users to use Defender, given that users retain the ability to install and use third-party antivirus solutions.

Source: Story Board 18