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20 September 2007
Issue: 7289 / Categories: Legal News , Competition , Commercial
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Microsoft competition appeal dismissed

News

Microsoft abused its dominant position and must pay €500m in fines, the European Court of First Instance has held in Microsoft Corporation v European Commission.

The ruling largely upholds the European Commission’s 2004 decision that Microsoft had infringed Art 82 of the EC Treaty by committing two abuses of its dominant position.

Marc Israel, a competition partner at Macfarlanes, says: “Defeat in the Court of First Instance would have had a huge impact on morale at the Commission but this judgment will give it renewed confidence to go after big companies that it believes have infringed competition law.”

The Commission will be particularly pleased that its economic analysis withstood detailed scrutiny by the court as that is where it has fallen down in the past, he says.

Microsoft was accused of two types of anti-competitive behaviour: refusing to provide interoperability information to competing providers of work group server operating systems; and bundling its media player with its Windows operating system. 

Israel says the case will have implications for companies whose dominance is founded in intellectual property.

“An important aspect of the court’s decision was the finding that the Commission had only ordered Microsoft to disclose to competitors the specifications of certain protocols and not details of its source code. Had the Commission required source code details to be disclosed to competitors, which could have undermined Microsoft’s intellectual property rights and incentives to innovate, the outcome of the case may have been very different,” he adds.
 

Issue: 7289 / Categories: Legal News , Competition , Commercial
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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