17th sep, 2007

Microsoft judgement out

The Microsoft judgement from the European Court of Justice is out. Not many things went their way. In relations to the denial of licing their IP the Court says:

Before a refusal by the holder of an intellectual property right to license a third party to use a product can be characterised as an abuse of a dominant position, three conditions must be satisfied: the refusal must relate to a product or service indispensable to the exercise of an activity on a neighbouring market; the refusal must be of such a kind as to exclude any effective competition on that market; and the refusal must prevent the appearance of a new product for which there is potential consumer demand. Provided that such circumstances are satisfied, the refusal to grant a licence may constitute an abuse of a dominant position unless it is objectively justified.

In the present case,

the Court finds that the Commission did not err in considering that those conditions were indeed satisfied.


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