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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

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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