The analysis of European Commission decision against Microsoft case

Abstract

This work examines the Commission Decision in the Microsoft Case, in the light of Article 82 EC. Chapter one, outlines the proper limits of Intellectual Property Rights in EC Law with particular reference to Article 82 of the EC Treaty that prohibits the abuse of a dominant position by one or more undertakings. This study examines what Intellectual Property Rights mean, and the emergence of the definition of the specific subject matter of patents, trademarks, and copyrights; thus providing a sound basis for the interface between national intellectual property rights and the Common Market. Furthermore, chapter two outlines the tying practices and the requisites to fulfill an abusive tying practice. In chapter two, there is also a reference to the Hilti case and Tetra Pak II case. In my opinion, I believe these two cases have most relevance for the Commission Decision in the Microsoft case because they are the only cases that deal with abusive tying in practice in a similar manner, and are those which have most similarities with the Microsoft Case. Nonetheless, chapter three, concerns the European Commission decision against Microsoft. This is to get a solid base to stand on in order to simplify the understanding of the Commission Decision of the Microsoft Case. Finally, chapter four is an analytical approach, towards the Microsoft Case, and the different views of the commission decision outcome. However, after the Commission's decision of the Microsoft case there is still uncertainty in this matter. There is a strong need for future clarification especially Article 82EC.