Advanced

Mandatory supply of interoperability information: The microsoft judgment

Moldén, Robert LU (2008) In European Business Organization Law Review 9(2). p.305-334
Abstract
The judgment of the Court of First Instance in Microsoft represents a major success for the European Commission in its fight against abuses of a dominant position. The Court upholds the Commission's findings that Microsoft abused its dominant position by refusing to supply interoperability information that is indispensable for competitors to be able to viably compete in the work group server operating system market. Moreover, the Court upholds the recordfine of approximately EUR 497 million. According to the Court, the judgment does not contain any legal novelty, as it simply applies earlier Magill/IMS Health case law. However, it may be argued that thejudgment does contain a legal novelty as to the scope of the so-called new product... (More)
The judgment of the Court of First Instance in Microsoft represents a major success for the European Commission in its fight against abuses of a dominant position. The Court upholds the Commission's findings that Microsoft abused its dominant position by refusing to supply interoperability information that is indispensable for competitors to be able to viably compete in the work group server operating system market. Moreover, the Court upholds the recordfine of approximately EUR 497 million. According to the Court, the judgment does not contain any legal novelty, as it simply applies earlier Magill/IMS Health case law. However, it may be argued that thejudgment does contain a legal novelty as to the scope of the so-called new product condition. Specifically, it may be argued that the J. udgment considerably diminishes the scope for a dominantfirm to rely on intellectual property rights as a defence in antitrust proceedings concerning the abuse ofa dominant position. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
new product, essential facility, supply of interoperability information, mandatory, abuse of a dominant position, intellectual property rights, condition, Magill/IMS case law
in
European Business Organization Law Review
volume
9
issue
2
pages
305 - 334
publisher
T M C Asser Press
external identifiers
  • wos:000257993200007
  • scopus:77649117469
ISSN
1741-6205
DOI
10.1017/S1566752908003054
language
English
LU publication?
yes
id
c2ff8c96-fe54-4239-b515-01d19e67cb74 (old id 1253740)
date added to LUP
2008-10-29 10:35:59
date last changed
2017-01-01 05:12:12
@article{c2ff8c96-fe54-4239-b515-01d19e67cb74,
  abstract     = {The judgment of the Court of First Instance in Microsoft represents a major success for the European Commission in its fight against abuses of a dominant position. The Court upholds the Commission's findings that Microsoft abused its dominant position by refusing to supply interoperability information that is indispensable for competitors to be able to viably compete in the work group server operating system market. Moreover, the Court upholds the recordfine of approximately EUR 497 million. According to the Court, the judgment does not contain any legal novelty, as it simply applies earlier Magill/IMS Health case law. However, it may be argued that thejudgment does contain a legal novelty as to the scope of the so-called new product condition. Specifically, it may be argued that the J. udgment considerably diminishes the scope for a dominantfirm to rely on intellectual property rights as a defence in antitrust proceedings concerning the abuse ofa dominant position.},
  author       = {Moldén, Robert},
  issn         = {1741-6205},
  keyword      = {new product,essential facility,supply of interoperability information,mandatory,abuse of a dominant position,intellectual property rights,condition,Magill/IMS case law},
  language     = {eng},
  number       = {2},
  pages        = {305--334},
  publisher    = {T M C Asser Press},
  series       = {European Business Organization Law Review},
  title        = {Mandatory supply of interoperability information: The microsoft judgment},
  url          = {http://dx.doi.org/10.1017/S1566752908003054},
  volume       = {9},
  year         = {2008},
}