NEWSLETTER-2017

124 NEWSLETTER 2017 for a harmonized and high level of protection of personal data, and fully regulates the processing of personal data in the European Union, the Commission found that Microsoft’s ability to have access to, and to process, its users’ personal data in the future would be limited, since the new rules will strengthen the existing rights and empower indi- viduals with more control over their personal data 16 . The Commission decided that the Transaction does not give rise to concerns in relation to online advertising due to the following jus- tifications. Primarily, Microsoft and LinkedIn do not make available their data to third parties for advertising purposes, with very limited exceptions. Secondly, the combination of their respective datasets does not appear to result in raising the barriers to entry/expansion for other players in this space, as there will continue to be a large amount of internet user data that is valuable for advertising purposes, and which is not within Microsoft’s exclusive control. Thirdly, the parties are small market players and compete with each other only to a very limited extent in online advertising and its possible segments 17 . The Proposed Commitments In accordance with the competition concerns identified by the Commission, Microsoft offered a series of commitments with regard to the professional social network services market. These commit- ments are: (i) ensuring that PC manufacturers and distributors will be free not to install LinkedIn on Windows and to allow users to remove LinkedIn from Windows, should PC manufacturers and distributors elect to pre-install it, (ii) allowing competing professional social net- work service providers to maintain current levels of interoperability with Microsoft’s Office suite of products through the so-called Office add-in program and Office application programming interfaces, (iii) granting competing professional social network service providers ac- cess to ‘Microsoft Graph’, a gateway for software developers 18 . (Access date: 07.04.2017). 16 Case M.8124- Microsoft / LinkedIn, p. 34. 17 Case M.8124- Microsoft / LinkedIn, p. 35. 18 European Commission - Press release.