Google files EU antitrust complaint accusing Microsoft of stifling cloud competition
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Google filed an antitrust complaint with the European Commission on Wednesday accusing Microsoft of using unfair licensing contracts to stifle competition in the multibillion-dollar cloud computing industry.
At the heart of Google’s complaint is the allegation that Microsoft uses unfair licensing terms to “lock in” clients and exert control over the cloud market.
Google alleges that Microsoft, through its dominant Windows Server and Microsoft Office products, can make it difficult for its massive roster of clients to use anything but its Azure cloud infrastructure offering.
The internet giant said in its complaint that restrictions contained in Microsoft’s cloud licensing terms makes it harder for customers to move their workloads from Microsoft’s Azure cloud technology to competitors’ clouds, despite there being no technical barriers to doing so.
European businesses and public sector organizations have been forced to pay the firm up to 1 billion euros ($1.1 billion) a year in licensing penalties due to restrictions on customers’ ability to switch from one cloud provider to another, Google said, citing a 2023 study by CISPE, a trade body for the cloud computing sector.
The antitrust complaint from Google arrives after CISPE and its members in July agreed a settlement with Microsoft which would see the firm make changes to address competition concerns.
Referring to the CISPE settlement, Microsoft said in a statement Wednesday that it expects the European Commission to dismiss Google’s complaint.
“Microsoft settled amicably similar concerns raised by European cloud providers, even after Google hoped they would keep litigating,” a Microsoft spokesperson told CNBC via email. “Having failed to persuade European companies, we expect Google similarly will fail to persuade the European Commission.”
Microsoft’s cloud ‘tax’ at issue
In a summary of the complaint, Google — which ranks third globally in the cloud computing market behind market leaders Amazon Web Services and Microsoft Azure, respectively — said that Microsoft “harms cybersecurity and undermines innovation.”
According to Google, if a company runs Microsoft’s Office suite of productivity tools and other applications on Google Cloud Platform or other competing clouds, they are effectively required to pay a “tax” in the form of punchy licensing fees to Microsoft.
Google said that Microsoft undermined competition in cloud, and referred to findings of a U.K. Competition and Markets Authority study which determined Microsoft acquired over 60% to 70% of all new British businesses in 2021 and 2022.
Google also suggested that Microsoft’s cloud practices have potentially made businesses more prone to security issues.
In an interview with CNBC’s Arjun Kharpal Wednesday, Amit Zavery, Google Cloud’s head of platform, said Google believes Microsoft is “100%” in violation of EU antitrust rules.
“We would like the cloud market to remain and become very vibrant and open for all the providers including European vendors, vendors like us, AWS and others,” Zavery said.
“Today the restrictions does not allow choice for customers,” Zavery said. “Today the restrictions does not allow choice for customers,” he said, adding that Microsoft included restrictions once it realized the massive commercial potential of the technology.
“So, we would want those restrictions to be removed and allow customers to have and choose whatever cloud provider they think is best for them commercially and technically,” he added.
Zavery told CNBC that if Microsoft makes changes to its cloud licensing terms as a result of its complaint, Google and cloud customers more broadly would be “very happy.”
Following the July settlement agreement with Microsoft, CISPE said the tech giant would work with its members to release an enhanced version of Azure Stack HCI, a cloud infrastructure product, to offer the same features that Microsoft customers using its Azure product currently benefit from.
Google, which is not a CISPE member, said it disagreed with the settlement and chose not to participate in the agreement. Amazon Web Services, which is a CISPE member, and Alibaba‘s cloud unit AliCloud, also chose not to become part of the settlement.
For its part, Microsoft has denied that its cloud practices harm competition. In response to a cloud market study initiated by the U.K.’s Competition and Markets Authority, the firm said that it “firmly believes that the cloud services market is functioning well.”
US President Joe Biden, left, and Antony Blinken, US secretary of state, speak on the ceasefire deal between Israel and Hamas, in the Cross Hall of the White House in Washington, DC, US, on Wednesday, Jan. 15, 2025. Israel and Hamas agreed to a ceasefire deal, bringing at least a temporary halt to the war in Gaza that has killed tens of thousands of people in the last 15 months and touched off broader turmoil across the Middle East.
Aaron Schwartz | Sipa | Bloomberg | Getty Images
The Biden administration on Thursday announced an executive order on cybersecurity that imposes new standards for companies selling to the U.S. government and calls for greater disclosure from software providers.
The White House is looking to put in place new rules “to strengthen America’s digital foundations,” Anne Neuberger, deputy national security advisor for cybersecurity and emerging technology, said in a briefing with reporters on Wednesday.
Cyberattacks have caused an increasing number of disruptions inside federal agencies and companies in recent years.
Attackers have pulled off ransomware attacks at Change Healthcare, the operator of the Colonial Pipeline and the Ascension health care system. And Microsoft said in 2023 that Chinese attackers had broken into U.S. government officials’ email accounts, prompting a critical federal report and a series of changes at the software maker.
Companies selling software to the U.S. government will have to demonstrate that their development practices are secure, according to a statement. There will be “evidence that we post on a government website for all software users to benefit from,” Neuberger said.
The General Services Administration will have to make policy that makes cloud providers provide information to clients on how to operate securely.
Companies selling products and services to the U.S. government must adhere to a new set of security practices as a result of the executive order.
Last week the White House announced the U.S. Cyber Trust Mark label to help consumers evaluate internet-connected devices. The executive order states that the U.S. government will only purchase such products if they carry the label, starting in 2027.
The order also directs the National Institute for Standards and Technology to come up with guidance for handling software updates. In late 2020, hackers gained access to Microsoft and U.S. Defense Department systems by targeting updates to SolarWinds‘ Orion software.
It’s not clear if President-elect Donald Trump’s new administration will uphold the executive order. Biden’s cybersecurity officials have not met with those who will take up the work for Trump.
“We haven’t discussed, but we are very happy to, as soon as the incoming cyber team is named, of course, have any discussions during this final transition period,” Neuberger said.
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A soldier walks next to a Tesla Cybertruck, which was donated to the National Guard, after powerful winds fueling devastating wildfires in the Los Angeles area forced people to evacuate, in the Pacific Palisades neighborhood on the west side of Los Angeles, California, U.S. Jan. 13, 2025.
Daniel Cole | Reuters
Tesla started offering discounts on new Cybertruck vehicles in its inventory this week, according to listings on the company’s website.
Discounts are as high as $1,600 off new Cybertrucks, with the reduced price depending on configuration, and up to around $2,600 for demo versions of the trucks in inventory, the listings show. Production of the angular, unpainted steel pickups has reportedly slowed in recent weeks at Tesla’s factory in Austin, Texas.
Deliveries of the unconventional pickup began reaching customers in 2023. CEO Elon Musk originally unveiled the Cybertruck in 2019 and said it would cost around $40,000, but its base price in the U.S. was closer to $80,000 over the course of 2024.
Wall Street previously viewed the Cybertruck as an important driver of growth for Tesla’s core automotive sales.
While the Cybertruck outsold the Ford Lightning F-150 last year in the U.S. and became the fifth best-selling EV domestically, according to data tracked by Cox Automotive, its high price, repeat recalls and production issues in Austin hampered growth. In November, Tesla initiated its sixth recall in a year to replace defective drive inverters.
As CNBC previously reported, Tesla’s deliveries declined slightly year-over-year in 2024, even as EV demand worldwide reached a record. A slew of new competitive models from a wide range of automakers eroded Tesla’s market share.
According to Cox data, full-year EV sales reached an estimated 1.3 million in 2024 in the U.S., an increase of 7.3% from the prior year. But Tesla’s sales for the year declined by about 37,000 vehicles.
The Tesla Model Y SUV and Model 3 sedan ranked as the top two best-selling EVs by a wide margin. But both older, more affordable Tesla models saw sales drop from the previous year. Cox estimated Tesla sold around 38,965 Cybertrucks in the U.S. last year.
In recent days, Musk apologized to customers in California for delays in delivering their Cybertrucks. He said the trucks are now being used to bring supplies and wireless internet service to people in Los Angeles impacted by devastating wildfires.
“Apologies to those expecting Cybertruck deliveries in California over the next few days,” Musk wrote on X. “We need to use those trucks as mobile base stations to provide power to Starlink Internet terminals in areas of LA without connectivity. A new truck will be delivered end of week.”
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