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The European Microsoft Case at the Crossroads of Competition Policy and Innovation

25 Pages Posted: 3 Jun 2008  

Pierre Larouche

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

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

Pierre Larouche (Contact Author)

Tilburg Law and Economics Center (TILEC) ( email )

Warandelaan 2
Montesquieu Building, Room M 535
Tilburg, 5000 LE
Netherlands
+31.13.466.8270 (Phone)

College of Europe - Bruges ( email )

Dijver 11
B-8000 Brugge, Oost Vlanderen 10000
Belgium

Tilburg University - Tilburg Law School ( email )

Warandelaan 2
Montesquieu Building, Room M 535
Tilburg, 5000 LE
Netherlands
+31.13.466.8270 (Phone)

Center on Regulation in Europe (CERRE) ( email )

Rue de l'Industrie 42
Brussels, 1040
Belgium

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