Well I still haven't read the article in full (have had a lot going on), but I do think them trying to force someone to give their code a way is a bit much, if that is what is happening.
It isn't a trade secret (or by my definition of trade secret anyway), but it's certainly their work and should be protected. It's also their asset. Plus, in my view, MS is an American company, and so EU shouldn't have a say. But then I guess in times international treaties/etc should work like they do. So that's probably why it works like that (since it'd be difficult to legally change laws for each case).
In any case... it's definitely not fair to force them to give up their work (even if a lot of it isn't designed so well, they still have plenty of customers...)
