'Windows Has Performed an Illegal Operation': The Court of First Instance’s Judgment in Microsoft v. Commission

Warwick School of Law Research

European Competition Law Review, Vol. 29, pp. 117-134, 2008

31 Pages Posted: 6 Jan 2010

See all articles by Kathryn McMahon

Kathryn McMahon

University of Warwick - School of Law

David Howarth

affiliation not provided to SSRN

Date Written: 2008

Abstract

The Court of First Instance’s (CFI) judgment in Microsoft provides support for the European Commission’s firm stance on dominant undertakings in innovation industries. While the CFI furthers the approach to tying set out in Hilti and Tetra Pak II many other issues remain unresolved, such as the scope of the “exceptional circumstances” and “new product” tests for a refusal to licence intellectual property in the context of interoperability information.

Keywords: Competition Law, EC law, Article 102 (ex Article 82), Refusal to Supply, Interoperability, Software, Tying

Suggested Citation

McMahon, Kathryn and Howarth, David, 'Windows Has Performed an Illegal Operation': The Court of First Instance’s Judgment in Microsoft v. Commission (2008). Warwick School of Law Research, European Competition Law Review, Vol. 29, pp. 117-134, 2008, Available at SSRN: https://ssrn.com/abstract=1531575

Kathryn McMahon (Contact Author)

University of Warwick - School of Law ( email )

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HOME PAGE: http://www2.warwick.ac.uk/fac/soc/law/staff/academic/mcmahon

David Howarth

affiliation not provided to SSRN ( email )

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