Opera has taken a decisive step in Brazil by filing a complaint against Microsoft, accusing the tech giant of employing what it describes as “manipulative design tactics” to maintain dominance in the browser market. This move highlights Opera’s growing frustration with Microsoft’s alleged anti-competitive practices, particularly regarding its promotion of the Edge browser.
Allegations of Anti-Competitive Behavior
Aaron McParlan, Opera’s general counsel, articulated the company’s concerns, stating, “Microsoft thwarts browser competition on Windows at every turn.” He elaborated that Opera and other browsers face significant barriers, such as being excluded from crucial preinstallation opportunities and encountering obstacles when users attempt to download alternative browsers.
Opera’s complaint underscores various ways Microsoft allegedly disregards users’ default browser preferences. Examples include automatically opening PDF files or links in Microsoft applications like Outlook and Teams, as well as utilizing Windows features such as Search or Widgets to direct users toward Edge. Furthermore, Opera claims that Microsoft employs “obtrusive banners and messages” that discourage users from downloading other browsers precisely when they are searching for them on Edge.
Focus on the Brazilian Market
Brazil has been identified as a key market for Opera, where it has established itself as the third most popular browser, boasting millions of dedicated users. McParlan noted, “The complaint, which concerns practices implemented globally by Microsoft, presents an opportunity for Brazil to be a leader on this international issue.” Opera seeks remedies that would allow PC manufacturers to preload alternative browsers, halt the blocking of downloads for other browsers, and eliminate “dark patterns” that push users toward Edge.
In addition, Opera’s complaint points out that Microsoft requires original equipment manufacturers (OEMs) to deliver devices in S mode as a condition for receiving rebates on Windows OS licenses, a practice they wish to see abolished.
A Broader Challenge to Microsoft
This complaint is part of Opera’s larger strategy to confront Microsoft’s practices on a global scale. The company previously challenged the European Union’s decision not to classify Microsoft Edge as a gatekeeper under its Digital Markets Act (DMA) rules. While Microsoft avoided this designation, it was still compelled to implement changes in Windows for EU markets, which included reducing the pressure on users to adopt Edge.
McParlan expressed skepticism about Microsoft’s compliance with the DMA, stating, “We believe that Microsoft’s conduct, including the changes that it has announced in Europe, are insufficient to attain effective compliance with the DMA.” In light of this, Opera has appealed to EU courts regarding the Commission’s decision not to designate Edge as a ‘gatekeeper’ service.
Historically, Opera has a track record of raising concerns about Microsoft’s browser practices. The company initially filed an antitrust complaint with the EU in 2007, which ultimately led to the creation of the browser ballot screen. This initiative allowed Windows users to select from a range of popular browsers instead of being defaulted to Internet Explorer. Despite Microsoft maintaining this ballot for five years, it faced a hefty fine of 0 million in 2013 for failing to include it in Windows 7 Service Pack 1.