The Microsoft Judgment: Article 82 Revisited?

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Denis Waelbroeck, Jan 25, 2008

The judgment of the European Court of First Instance in Microsoft raises several issues. In this article, we will look in particular at the main findings regarding the two abuses (refusals to license and product integration). Under the applicable case law before Microsoft (i.e., the IMS Health and Magill judgments), the refusal by a dominant undertaking to allow access to a product protected by intel