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Microsoft Corp. v. Commission

Case T-201/04R, ECLI:EU:T:2007:289 (European General Court 2008)

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Microsoft Corp. v. Commission

European General Court
Case T-201/04R, ECLI:EU:T:2007:289 (European General Court 2008)

Facts

Microsoft Corp. (defendant) enjoyed a dominant position in the market for personal computer operating systems, with Microsoft’s Windows operating system having a 90 percent market share. The European Commission (commission) (plaintiff) initiated proceedings against Microsoft, alleging that Microsoft was abusing its dominant market position in violation of Article 102 of the Treaty on the Functioning of the European Union. Specifically, the commission alleged that by bundling its own media player, Windows Media Player, with the Windows operating system, Microsoft effectively prevented competing media players from attaining market share. Also, the commission claimed that by refusing to provide workgroup-server-software competitors with the interoperability information necessary to connect with the Windows operating system, Microsoft prevented competitors from developing competing software. Microsoft had previously shared such interoperability information with other developers but stopped doing so once Microsoft developed its own workgroup-server software. The European General Court considered the commission’s arguments.

Rule of Law

Issue

Holding and Reasoning ()

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Casebooks

Antitrust