EU and Microsoft - FT.com The European Commission might have been accused of chasing fading phantoms when in 2009 it went after Microsoft for foisting its Internet Explorer browser on Windows users. Competition was already rapidly eroding Explorer's lead. But Brussels is now right to take a stand against the group's failure to abide by its own commitments to resolve the problem. No other company has so consistently flouted commission antitrust decisions. In the past eight years, Microsoft has paid close to €1.6bn in fines, largely for non-compliance. The settlement of 2009, where it agreed to offer users a choice of web browsers until the end of 2014, was a sensible attempt to avoid another damaging legal battle with regulators. But in failing to implement its own undertakings, Microsoft is putting these accords to the test. This is the first violation since the commission acquired the power to withhold infringement proceedings in favour of such deals in 2004. Brussels" response will determine whether in future other companies feel compelled to abide by their promises and, in consequence, whether settlements prove to be effective regulatory tools. Brussels is understandably keen, where possible, to avoid using the legal system to force companies to comply with competition law. Legal proceedings can drag on for years, as Microsoft knows to its regret. Settlement deals could prove particularly useful in fast-moving, high-tech industries such as the internet. They benefit both regulators and companies by providing speedy and cost-efficient solutions to antitrust concerns. But applying them can still be tricky, especially as the antitrust battle has shifted from browsers to the far more complex world of web search engines. It remains to be seen whether behavioural remedies can be policed when services are constantly changed in real time. Yet there will be no chance to find out if the commission's response to Microsoft fails to produce a robust outcome. Nevertheless, this should not be disproportionate. Even in classic infringement cases, the commission does not normally exercise its right to levy a fine of 10 per cent of revenue. In this case, Microsoft quickly admitted guilt, and said technical mistakes were to blame. This will have to be established in the coming weeks. But if Brussels finds that the breach resulted from incompetence rather than a deliberate violation, this should be taken into account to mitigate any fine. Either way, Microsoft's credibility is damaged.