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See detailBack to Microsoft I and II: Tying and the Art of Secret Magic
Petit, Nicolas ULg; Neyrinck, Norman ULg

in Journal of European Competition Law & Practice (2011), 2(2), 117-121

This paper seeks to uncover an inconvenient truth. The Microsoft decisions are not tying cases. Rather, the two decisions taken by the EU Commission against Microsoft – i.e. the Windows Media Player ... [more ▼]

This paper seeks to uncover an inconvenient truth. The Microsoft decisions are not tying cases. Rather, the two decisions taken by the EU Commission against Microsoft – i.e. the Windows Media Player (“WMP”) case of 2004 and the Internet Explorer (“IE”) case of 2009 – mark departures from conventional tying analysis (I). First, they deviate from standard tying law in that in the Microsoft cases, a key component of abusive tying, namely coercion, is missing (II). Second, the Microsoft decisions share many analogies with “essential facility” cases. One may thus question to what extent the Commission has not pursued disguised refusal to supply cases (III). [less ▲]

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See detailThe Judgment of the European Court of Justice in VEBIC: Filling a Gap in Regulation 1/2003
Petit, Nicolas ULg

in Journal of European Competition Law & Practice (2011), 2(4), 340-344

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