The browser ballot screen's purpose is to level the playing field for browsers in the Windows operating system pc market. But the EEC is counting Apple Safari users on Apple operating systems to determine position and placement on the Windows browser ballot screen.
Say what? Yes, the EEC is using Apple OS users to determine which browsers Windows users might choose (and ignoring the guidance it originally agreed upon, to boot.)
Paragraph 11 of the "Commitments" document written by Microsoft addresses how Microsoft will comply with the European Economic Council's orders: "The Choice Screen will be populated with the 12 most widely-used web browsers that run on Windows 7 according to a ranking based on usage share... "
Of the three tracking tools used by the EEC to assess market share only one - NetMarketShare - differentiates between Apple Safari usage on Windows or Apple OS. NetMarketShare consistently puts Safari ahead of Apple on Windows, and has for a while. The other two: comScore and GlobalStats have not separated Safari share between the Windows and Apple operating systems.
"The EEC ended up creating unfair advantage in a tool deliberately designed to reduce unfair advantage." says Mattson. "The fix is easy: remove Apple Safari share from Apple OS from the data used to determine ballot screen positioning."