Google challenges Microsoft's cloud dominance with EU antitrust complain

Google has filed an antitrust complaint with the European Union's competition watchdog, accusing Microsoft of anticompetitive practices in its cloud computing business. The complaint, submitted to the European Commission on September 25, 2024, alleges that Microsoft's licensing terms for its Azure cloud platform unfairly restrict customer choice and stifle competition in the rapidly growing cloud services market.

The Crux of Google's Complaint

At the heart of Google's grievance is the claim that Microsoft exploits its dominant position in enterprise software, particularly with Windows Server, to lock customers into its Azure cloud platform. Google Cloud vice president Amit Zavery and Google Cloud's Europe region president Tara Brady stated in a joint blog post, "Microsoft's licensing terms restrict European customers from moving their current Microsoft workloads to competitors' clouds – despite there being no technical barriers to doing so".

The complaint outlines several key issues:

Excessive Pricing: Google alleges that Microsoft imposes a 400% markup for customers who wish to run Windows Server on competing cloud services like Google Cloud or Amazon Web Services (AWS).

Security Concerns: Customers using rival cloud systems reportedly receive delayed and limited security updates, potentially exposing them to heightened cybersecurity risks.

Interoperability Barriers: Microsoft is accused of creating artificial obstacles that hinder customers from easily migrating their workloads to alternative cloud providers.

Financial Impact: Citing a 2023 study by the Cloud Infrastructure Services Providers in Europe (CISPE), Google claims that European businesses and public sector entities incur up to €1 billion annually in Microsoft licensing penalties due to these restrictive practices.

The Broader Context of Cloud Competition

This antitrust complaint comes amid growing scrutiny of big tech companies' market power and practices. The cloud computing market, dominated by Amazon's AWS, Microsoft Azure, and Google Cloud, has become a critical battleground for these tech giants.

Google, currently ranking third in the global cloud market, argues that Microsoft's practices not only harm competition but also stifle innovation and potentially expose businesses to security vulnerabilities. Amit Zavery emphasized in an interview, "We firmly believe Microsoft is in clear violation of EU antitrust regulations".

Microsoft's Response and Previous Settlements

Microsoft has swiftly responded to the allegations, stating that it had already "settled amicably similar concerns raised by European cloud providers". The company referenced a July 2024 settlement with CISPE, which involved a €22 million deal and commitments to modify competitive practices.

However, it's worth noting that this settlement excluded both Amazon Web Services and Google Cloud Platform, drawing criticism from both companies. Microsoft's spokesperson added, "Having failed to persuade European companies, we expect Google similarly will fail to persuade the European Commission".

Implications for the European Cloud Market

The complaint raises significant questions about the future of cloud computing in Europe. Professor Frédéric Jenny, chairman of the OECD Competition Committee, has highlighted that EU customers face hidden costs due to Microsoft's restrictive licensing, including taxpayer waste and slower digital transformations.

Google argues that these practices not only affect large cloud providers like itself but also stifle innovation among European cloud companies. A recent study cited in the complaint suggests that Microsoft's cloud market share "suddenly skyrocketed" after the 2019 licensing changes, largely at the expense of European providers.

The Broader Antitrust Landscape

This complaint is not an isolated incident but part of a larger pattern of antitrust scrutiny facing big tech companies in Europe and globally. The European Commission has already opened an investigation into Microsoft's Teams video and messaging app, indicating ongoing concerns about the company's market practices.

Google itself has faced multiple antitrust investigations and fines from the EU in recent years, totaling over €8 billion. However, the company recently saw a reprieve when an EU court scrapped a €1.5 billion fine related to online advertising practices.

Potential Outcomes and Industry Impact

The European Commission has confirmed receipt of the complaint and stated it will assess it "under our standard procedures". If the Commission decides to pursue an investigation, it could lead to significant consequences for Microsoft, including potential fines of up to 10% of its annual revenue and mandated changes to its business practices.

More broadly, the outcome of this complaint could have far-reaching implications for the cloud computing industry. It may set precedents for how dominant players can operate in the market and potentially open the door for more diverse competition, particularly from European providers.

Expert Opinions and Industry Reactions

Industry analysts have weighed in on the potential impact of this antitrust complaint. Sarah Smith, a cloud computing expert at TechInsights, commented, "This complaint could be a watershed moment for the cloud industry. If upheld, it might fundamentally alter how major players like Microsoft can leverage their existing software dominance in the cloud space."

Meanwhile, European cloud providers have cautiously welcomed the move. Jean-Claude Dubois, CEO of EuroCloud Solutions, stated, "We've long felt the pressure from giants like Microsoft. Google's complaint might finally bring these issues to the forefront and create a more level playing field for European companies."

The Path Forward

As the European Commission begins its assessment of Google's complaint, the tech industry and cloud customers alike will be watching closely. The outcome could potentially reshape the competitive landscape of cloud computing in Europe and beyond.

Google's Amit Zavery summarized their position, saying, "We believe this regulatory action is the only way to end Microsoft vendor lock-in and for customers to have a choice and create a level playing field for competitors".

For now, the ball is in the EU's court. Their decision on whether to pursue a full investigation will be crucial in determining the future of cloud competition and customer choice in Europe.