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Microsoft (MSFT) Strikes Deal With Cloud Lobby, Dodges EU Probe

Microsoft MSFT has successfully navigated away from a potentially lengthy European Union (EU) antitrust investigation into its cloud business practices. The tech giant reached an agreement with the Cloud Infrastructure Services Providers in Europe (CISPE), an Amazon AMZN-backed trade association that had previously raised concerns about Microsoft's software licensing agreements.

The deal will result in CISPE withdrawing its complaint to the EU's competition department. CISPE had alleged that Microsoft was making it challenging for customers to switch cloud providers by tying its business software to its Azure cloud services. This practice, according to the lobby group, was hindering fair competition in the European cloud market.

This Zacks Rank #3 (Hold) company has not only addressed past concerns but also collaborated with CISPE to create a framework for increased competition in the cloud computing sector across Europe and beyond. You can see the complete list of today’s Zacks #1 Rank (Strong Buy) stocks here.

The agreement allows CISPE members to access enhanced Microsoft Azure features and permits service providers to offer Microsoft applications and services on their local cloud infrastructures.

This latest development demonstrates Microsoft's efforts to navigate the complex regulatory landscape in Europe, reminiscent of its past battles with EU regulators over Windows' market dominance.

Year-to-Date Performance

Zacks Investment Research
Zacks Investment Research


Image Source: Zacks Investment Research

Microsoft's Legal Challenges Mirror Growing Scrutiny of Big Tech

The agreement marks the end of a protracted dispute between Microsoft and CISPE, during which MSFT made several concessions to address the concerns of cloud service providers. This development comes at a time when EU regulators had been informally probing market competitors and customers about Microsoft's business practices.

Despite this resolution, Microsoft continues to face scrutiny on other fronts. The company's $13 billion investment in OpenAI Inc. is currently under informal investigation by EU regulators due to concerns about the AI firm's exclusive use of MSFT's cloud technology. Microsoft has given up its board observer seat at OpenAI in a move aimed at easing U.S. and U.K. antitrust regulators' concerns about the extent of its control over the AI startup amid the soaring popularity of generative AI.

Last week, the company agreed to a $14.4 million settlement with California's Civil Rights Department over allegations of discrimination against employees on parental and disability leave. (Read More: Microsoft Settles Discrimination Lawsuit in California)

Additionally, in June, the EU accused Microsoft of abusing its market power by bundling the Teams video-conferencing app with its other business software. (Read More: Microsoft Faces Charges by EU for Bundling Teams, Office)

As the tech industry continues to evolve, it remains to be seen how this agreement will shape the competitive dynamics of the European cloud market and whether it will fully address the concerns raised by other major players in the industry.

While the European Commission has stated it will evaluate the settlement's impact on competition in European cloud markets, the deal has not been extended to some major players in the industry. CISPE confirmed that Amazon Web Services (“AWS”), Alphabet GOOGL-owned Google Cloud Platform and Alibaba BABA cloud service were not included in the agreement. This exclusion has drawn criticism from these companies, with AWS asserting that the settlement fails to address the needs of the majority of Microsoft customers, who still face restrictions in choosing their preferred cloud provider.

Shares of MSFT have gained 24% year to date compared with the Zacks Computer and Technology sector, Amazon and Alphabet’s growth of 29.4%, 31.5% and 36.9%, respectively.

As tech giants expand and innovate, they encounter mounting pressure to uphold fair competition, safeguard user rights and foster equitable workplaces. The resolutions of ongoing legal challenges could establish crucial precedents, potentially transforming how these companies function and engage with their workforce, clientele and rivals in the evolving tech landscape.

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