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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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