George Pieler, of the Institute for Policy Innovation, raises a question:

The Microsoft case relies heavily on technicalities of EU competition laws, but ignores the key goals of fostering open markets and the right to innovate. This dispute crystallizes Europe's dilemma: Is it an economically open superstate, riding the next wave of globalization, or a mercantilist cartel nurturing internal markets while fanning the flames of protectionism worldwide?

Does he really want an answer to that one? He also notes that Competition Commissioner Neelie Kroes recently said:

"Open and efficient markets are the best way to deliver quality products at reasonable prices to consumers. But sometimes the market alone may not deliver fundamental European policy objectives, such as social and regional cohesion, cultural diversity, and high-quality public services."

Any politician or bureaucrat who cannot drive a regulatory truck through that loophole isn't trying.