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Duncan Curley
The judgment in 2007 of the Court of First Instance in Microsoft Corporation v European Commission was the culmination of one of the biggest anti-trust battles ever to have taken place in the European Union. Although most aspects of the European Commission's original decision of 2004 were upheld, the Microsoft case remains interesting at several levels. The judgment deals with the question of when it is permissible, in the public interest, to encroach upon the exclusivity of intellectual property rights-holders, by requiring the grant of licences to third parties seeking to enter or remain on the market. The case provides an illustration of Community policy objectives being implemented through the medium of the competition rules, namely the opening up of the software industry to more competition and the encouragement of innovation in information technology. It also provides an illustration of differing attitudes to the anti-trust regulation of unilateral conduct by companies with a dominant market position in Europe and the United States.
