Interoperability: 'Indispensability' and 'Special Responsibility' in High Technology Markets

Warwick School of Law Research Paper Series

Tulane Journal of Technology & Intellectual Property, Vol 9, pp. 123-172, 2007

56 Pages Posted: 17 Dec 2009

See all articles by Kathryn McMahon

Kathryn McMahon

University of Warwick - School of Law

Date Written: December 14, 2009

Abstract

Article 82 of the European Community Treaty (EC Treaty) imposes duties on dominant undertakings in EC competition law to make available certain information which is considered necessary for interoperability in high technology markets. This liability derives from the “duty to deal” imposed on undertakings in a dominant position and the scope of the duty comprises one of the major issues currently before the Court of First Instance in Microsoft’s appeal against the European Commission’s 2004 decision. Drawing on comparative materials, this Article interrogates the view that the EC duty extends beyond that currently imposed under U.S. antitrust law with potentially adverse consequences for consumer welfare in high technology markets.

Keywords: Competition law, European Commission, Article 102 (ex Article 82), Microsoft, Refusal to Supply, Interoperability

Suggested Citation

McMahon, Kathryn, Interoperability: 'Indispensability' and 'Special Responsibility' in High Technology Markets (December 14, 2009). Warwick School of Law Research Paper Series, Tulane Journal of Technology & Intellectual Property, Vol 9, pp. 123-172, 2007 , Available at SSRN: https://ssrn.com/abstract=1523146

Kathryn McMahon (Contact Author)

University of Warwick - School of Law ( email )

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024765 24105 (Fax)

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

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