'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
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
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