CARS publications
CARS Centrum Studiów Antymonopolowych i Regulacyjnych Uniwersytetu Warszawskiego


Title: Microsoft - case study. Competition Law on the New Technology Markets

Editor: Dawid Miąsik, Tadeusz Skoczny, Małgorzata Surdek

Authors: Tomasz Bagdziński, Krzysztof Klincewicz, Dawid Miąsik, Tadeusz Skoczny, Małgorzata Surdek

Series: Antitrust and Regulatory Studies and Monographs (3)

Publisher: University of Warsaw Faculty of Management Press

Place of publishing: Warsaw

Year of publishing: 2008

ISBN: 978-83-61276-16-6

Microsoft - case study. Competition Law on the New Technology MarketsThe third publication of the series ‘Antitrust and Regulatory Studies and Monographs’ has been developed as a product of a legal workshop organised jointly by CARS and the law firm CMS Cameron McKenna in November 2007, straight after adopting by the Court of First Instance on 17 September 2007 of its judgment in the Microsft v Commission case.

The Microsoft judgment became an occasion for an extensive discussion on two basic legal problems: relations between competition law and intellectual property rights and the permitted extent (from an antitrust perspective) of product integration. Additionally, the Microsoft judgment caused a reflection over its meaning not only for an IT giant but also for other innovative entrepreneurs mainly active on new technologies markets.

The book collects five article concentrating on various aspects of Microsoft case. The first (T. Skoczny) presents the factual and legal circumstances of the proceedings before the European Commission and the Court of First Instance. The second article (M. Surdek) analyzes the practice of a refusal to license in the context of the CFI’s judgment. The third article (D. Miąsik) concerns practices of tying and their antitrust assessment in the Microsoft judgement. The fourth article (T. Bagdziński) presents the proceeding and results of the Microsoft case in the United States. The last article (K. Klincewicz) is dedicated to the significance of the Microsoft case for information markets from an economic and strategic perspective.

See the list of contents and preface in English above