UK watchdog proposes strategic market status for Microsoft's business software

CMA consultation runs until November 13, final decision due February 2027

By LineZotpaper
Published
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The UK's Competition and Markets Authority has proposed designating Microsoft as having strategic market status in business software, a move that would let the regulator intervene in how the company designs, bundles and licenses its products. Comments are due November 13 and a final decision is expected by February 13, 2027.

The Competition and Markets Authority (CMA) has opened a consultation on whether to designate Microsoft with strategic market status (SMS) in business software, following an investigation begun in May into the company's portfolio including Word, Excel, Outlook, PowerPoint, Teams, security software, servers and operating systems.

The regulator said it is examining whether Microsoft holds 'substantial and entrenched market power' through its software suite, which could be stifling competition and harming buyer choice. The CMA found that Microsoft has been by far the largest provider of business software in the UK for decades, and that customers face barriers to switching providers, limiting their choice and weakening the ability of rivals to offer competing products.

The proposal notes that many customers treat Microsoft's portfolio as a unified, end-to-end integrated stack, helped by discounted pricing for buying bundles of applications together. The CMA argues customers are less likely to adopt alternatives because doing so would duplicate licensing costs.

The regulator stressed that meeting the criteria for SMS designation would not imply or assume wrongdoing by Microsoft. Possible interventions include ensuring Microsoft's technical design choices do not restrict the use of other providers, that commercial arrangements such as bundling do not limit effective competition, and that Microsoft does not use its market power in business software to distort competition in adjacent activities such as cloud services.

Cloud providers have previously complained that Microsoft's licensing terms make it more costly to run Windows Server and SQL Server on non-Microsoft clouds. The proposed designation grew out of the CMA's cloud services investigations, which largely fizzled out after the watchdog secured undertakings from Microsoft and Amazon Web Services to reduce barriers to switching between clouds. The CMA said more can be done to address those barriers and it will continue working with both companies.

CMA chief executive Sarah Cardell said: 'Organizations should be able to choose the products that work best for them, switch provider when they want to and combine services from different suppliers. We want to ensure businesses have the freedom to choose how they use Microsoft's products alongside alternatives.'

Regulators including the US Federal Trade Commission and the European Commission are watching the case, with similar actions under consideration. Comments on the proposal must be submitted by November 13, and the CMA will make its final decision by February 13, 2027.

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Analysis

Why This Matters

  • If the designation is confirmed, the CMA can impose remedies on how Microsoft designs, bundles and prices business software in the UK, potentially lowering switching costs for customers and opening opportunities for rivals.
  • The decision is being watched by the US Federal Trade Commission and the European Commission, and could set a precedent for similar action in other markets.
  • UK businesses may gain more freedom to mix Microsoft products with alternatives and to run Microsoft workloads on non-Microsoft clouds.

Background

The CMA has been investigating Microsoft's software portfolio since May, covering office productivity tools, security software, server operating systems and database management, along with concerns about barriers to switching. The proposal also grows out of the regulator's earlier cloud services investigation, which ended with Microsoft and AWS giving undertakings to reduce barriers to switching between clouds and using multiple providers. Strategic market status is a UK regulatory tool designed to let the watchdog intervene where a company holds substantial and entrenched market power, without requiring a finding of wrongdoing.

Key Perspectives

CMA: It argues organizations should be able to choose the products that work best for them, switch providers freely, and combine services from different suppliers. It says the designation criteria are met in Microsoft's case but stresses the status would not imply wrongdoing. Cloud providers and rival software vendors: They have complained that Microsoft's licensing terms make it more expensive to run products such as Windows Server and SQL Server on non-Microsoft clouds, and back closer scrutiny of licensing and bundling practices. Critics and skeptics: They may point out that the earlier cloud investigation ended in negotiated undertakings rather than formal findings, and that SMS designation is only a first step. The practical remedies would need to balance intervention against Microsoft's right to integrate its own products.

What to Watch

  • Comments on the proposed designation are due November 13.
  • The CMA's final decision is expected by February 13, 2027.
  • Whether the FTC and the European Commission move forward with similar designations or investigations of Microsoft.

Sources

Zotpaper

Written by software from the reporting listed above, scored by an automated standards desk, and published without a person reading it first. If something here is wrong, tell the editor and it will be put right.

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