The second chapter of the Microsoft saga unfolded on 27 June 2012, when the General Court largely upheld the €899 million periodic penalty payment imposed on Microsoft for failing to share adequate interoperability information with its competitors. However, it also offered some comfort to proprietors of intellectual property rights, with the Court seemingly retreating from some of the more expansive views expressed in Microsoft I.
See Case T-167/08 Microsoft Corp. v European Commission.
The case follows the Commission’s 2004 decision that Microsoft had abused its dominant position by withholding interoperability information, upheld by the General Court in Microsoft I. As part of the remedy, Microsoft was required to provide access to the information on reasonable and non-discriminatory (“FRAND”) terms, to allow interoperability between the dominant Windows architecture and rival servers. It failed to do so, and in February 2008 the Commission imposed the penalty which is the focus of Microsoft II.
The judgment is important for two reasons. Continue reading
