The new rules will only apply to computers sold in Europe, and it remains to be seen whether Microsoft will adopt the practice globally. The EU is now the world’s largest advanced market (far larger than the US), and as its competition regulator has grown more assertive (and in the face of little regulation in the US), its rulings now often effect corporate practice in the entire world. It may simply be easier for Microsoft to offer the pop-up with all its products rather than having to specifically make a separate version of windows for Europe that would include the pop-up.

This is a significant victory for outgoing competition commissioner Neelie Kroes, who has become an unexpected regulatory champion over the past five years. On 1 January Kroes will move to the Digital Agenda department, to be replaced by Spanish Socialist Joaquin Almunia. Almunia will likely continue Kroes’s tough stance and may go after US companies even more aggressively.