"Nearly 50 percent of the documentation is there. Now we must check if the specifications are correct," Kroes said on Wednesday. She said she felt sure that the company would not ignore the daily fines, and said it has been making "constructive efforts" to comply since June 20.
The Commission had earlier threatened fines of up to €2 million a day until all the required information about the communications protocols had been supplied. The €280.5 million figure is based on a fine of €1.5 million per day, for the period from Dec. 15 to June 20.
On Nov. 10, the Commission warned Microsoft that it had not complied with two elements of the antitrust judgement, and would be fined €2 million a day if it did not comply by Dec. 15.
More recently, the Commission determined that as of June 20, Microsoft had still not complied with one of those obligations, supplying the documentation. This failure eliminated the effectiveness of the remedy, the Commission said Wednesday, and so it had decided to impose a larger part of the daily penalty payment of €2 million.
If Microsoft has still not complied by July 31, then the Commission could decide to double the fine, to €3 million per day.
In a separate action, Microsoft has also appealed against the antitrust ruling itself. The European Court of First Instance in Luxembourg finally heard that appeal in late April, and is now considering its decision.