Court of First Instance upholds the Commission's decision on Microsoft's abuse of dominant market position

On 17 September 2007, the Court of First Instance dismissed Microsoft's Appeal of the European Commission Decision of 24 March 2004, which required Microsoft to bring to an end their behaviour in breach of Art. 82, on all points related to the substance of the abuse. Inter alia, the EC Decision ordered Microsoft to supply information on their communications protocols that would allow non-Windows work group server operating systems to interoperate with Windows PCs and Windows work group servers.

Throughout the Appeal proceedings William Bishop, Robert Stillman and Hristina Dantcheva assisted the Software & Information Industry Association (SIIA) and their counsel, Clifford Chance, with economic advice on interoperability issues in their submissions as intervener in support of the Commission. Our contribution included written submissions regarding the effects of the proposed remedy on innovation incentives in the industry, as well as on the impact on competition of the interoperability problems created by Microsoft's refusal to supply information. At the CFI Appeal Hearing in April 2006, Dr. Bishop made a presentation on market definition issues and the elimination of effective competition in the work group server operating system market as a result of Microsoft's refusal to supply interoperability information.

For more information see CFI Decision

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