EU Competition Law Policy versus Intellectual Property Rights: A Study of the Microsoft Case
Abstract
The constant tension between intellectual property rights and competition policy has recently culminated in the Microsoft case. This article examines the tests applied by the European Commission and CFI in finding Microsoft’s behaviour tantamount to the abuse of dominant position – are those tests precise and easily applicable, do they result in legal certainty, and do they only result in more competition in the short term, while having far-reaching consequences on the exercise of IPRs? In particular, this article examines the requirements of indispensability and new product in the part of the case concerning the interoperability issue, but also analyses the Commission’s assessment of the two separate products element of the test applied in the part of the judgement concerning tying. Finally, the article stresses the need to establish new or redefine the present tests in judging whether the behaviour of a dominant undertaking amounts to the abuse of dominant position.Downloads
Published
How to Cite
Issue
Section
License
All manuscripts published in CYELP are licensed under the Creative Commons Attribution − Non-Commercial − No Derivatives 4.0 International License. This permits anyone to copy and redistribute their work in any medium or format for non-commercial purposes provided the original work and source are appropriately cited.
For all manuscripts published in CYELP, the copyright remains with the author(s). This means that the author(s) grant the right of first publication to the Yearbook, while retaining the copyright to their manuscripts (accepted for publication or published in CYELP), and may republish these, in full or in part, in other publications, books or materials. However, the following conditions should be met:
- the manuscript is published open access;
- when reusing the manuscript, the original source of publication must be properly acknowledged and referenced;
- the manuscript remains published by CYELP on its website;
- the manuscript is licensed under the Creative Commons Attribution − Non Commercial − No Derivatives 4.0 International License.