European Competition Commissioner Neelie Kroes believes Microsoft is still benefiting from abusing its dominant position in workgroup servers.

Kroes told the European Parliament that Microsoft was continuing to gain market share despite being found guilty by the European Court three years ago.

Kroes said: "Microsoft is constantly gaining market share and that is what is worrying me in the work group server operating market. As a consequence of your abusive behaviour you are getting positive results for the company - that's not acceptable in my opinion," according to Reuters.

As part of the original verdict, Microsoft was ordered to sell a version of Windows without a bundled media player and open up access to its protocols.

Microsoft appealed the case in the Court of First Instance last year and is still waiting for a verdict. In court it insisted that it had done more than enough to open up access to the protocols needed by rivals to make products which interact effectively with its servers.

Kroes has taken a firm line with the software giant - earlier this month she said Microsoft was charging too much for access to its protocols which are not innovative enough to justify the high price.

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