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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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