The European Microsoft Case at the Crossroads of Competition Policy and Innovation
25 Pages
Posted: 3 Jun 2008
Tilburg Law and Economics Center (TILEC); College of Europe - Bruges; Tilburg University - Tilburg Law School; Center on Regulation in Europe (CERRE)
Date Written: May 2008
Abstract
This article puts the judgment of the EC Court of First Instance (CFI) in Microsoft in perspective and links it with the ongoing discussion on competition policy and innovation. It also replies to some claims made by Ahlborn and Evans in their piece on the same judgment (http://papers.ssrn.com/abstract_id=1115867). The first section takes a general look at the judgment, and in particular at how the CFI issued a judgment from which it would be difficult to appeal. It also addresses the allegedly excessive deference of the CFI towards the Commission decision (1). Afterwards, the paper goes into more specific issues concerning the first part on interoperability information (2) and the second part on tying (3). Finally, the judgment is placed in a broader forward-looking perspective (4).
Keywords: Microsoft case (EU), essential facilities, interoperability, tying, innovation
Suggested Citation:
Suggested Citation
Larouche, Pierre, The European Microsoft Case at the Crossroads of Competition Policy and Innovation (May 2008). TILEC Discussion Paper No. 2008-021. Available at SSRN: https://ssrn.com/abstract=1140165 or http://dx.doi.org/10.2139/ssrn.1140165
