The tying agreements and the refusal to deal Thoughts over the Microsoft Case (Sentence of the Court of First Instance from September 2007) Cover Image
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Vinculación y negativa a contratar. reflexiones en torno al caso microsoft(sentencia del tpi de 17 de septiembre de 2007)
The tying agreements and the refusal to deal Thoughts over the Microsoft Case (Sentence of the Court of First Instance from September 2007)

Author(s): San-Pedro Velasco
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: Microsoft case; Windows; antitrust; abuse of a dominant position, art. 82 EEC Treaty; Tying Agreements; refusal to deal; Community sanction, competition law; EC Commission; essential facilities; trade secrets

Summary/Abstract: Few of the known cases regarding the Law of competence have drawn so much attention on both sides of the Atlantic, as the cases against the American company Microsoft Corporation. The commercial politic and the management of the informatics giant from Redmond, specifically the usage the company makes of the market leader position regarding the operative systems, has been object of careful analysis by the competition authorities from both Europe and the USA. The article is presenting the decisions pronounced concerning Microsoft in the United States as well as European Union, the compatibility of the European rules regarding competition with the article 82 of the Treaty establishing the European Community, that prohibits and sanctions any abuse by one or more undertakings of a dominant position within the common market, including the refusal of Microsoft to facilitate certain compatibility information to his competitors. The development of the Community competition policy has been significantly influenced by the above mentioned case.

  • Issue Year: 2008
  • Issue No: 02
  • Page Range: 40-65
  • Page Count: 26
  • Language: Romanian
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