| Autor: |
Lawrance, Sophie, Peirson, Laura |
| Předmět: |
|
| Zdroj: |
Journal of Intellectual Property Law & Practice; Mar2013, Vol. 8 Issue 3, p236-240, 5p |
| Abstrakt: |
Sophie Lawrance is a senior associate at London law firm Bristows, where she specialises in EU and competition law. She has a particular interest in working with businesses in the technology and pharmaceutical sectors, and in relation to the competition issues that arise in connection with standardised technology. Laura Peirson is a trainee in the EU and competition law practice of Bristows.Article 102 of the Treaty on the Functioning of the European Union (“TFEU”) prohibits any abuse of a dominant position by one or more undertakings, where the abuse has an effect on trade between EU Member States. Microsoft has in the past been held to occupy a position of dominance in the market for computer operating systems. As a result of investigations following complaints made about Microsoft in the 1990s, both the US Department of Justice and the European Commission have since found that Microsoft violated antitrust laws.The main abuse was Microsoft's refusal to provide certain interoperability information that would enable third parties to develop products compatible with its operating systems. Open and interoperable models are seen to stimulate competition by enabling more players to enter the market. The Commission therefore obliged Microsoft to make the interface information available on “reasonable terms”.Microsoft's entered into what became a prolonged battle with the Commission over “reasonable” licence terms, culminating in a recent appeal to the European General Court. This article considers the General Court's interpretation of the obligation imposed on Microsoft and the broader implications for the IT sector. [ABSTRACT FROM PUBLISHER] |
| Databáze: |
Complementary Index |
| Externí odkaz: |
|
