Competition: Microsoft Settlement Possibility

I am grateful to ZDNet for this tidbit of information. According to the report Microsoft has offered to license some of its Windows Server source code to rivals in response to a statement of objections served by the Commission at the end of last year. The nub of the objection is that Microsoft has not complied with the Commission’s order of 24 March 2004 to disclose to competitors within 120 days, the interfaces required for their competing products to be able to operate on Windows. Unless the order is annulled by the Court of First Instance or a settlement is reached with the Commission, Microsoft faces the prospect of a daily fine. Incidentally, a daily fine (“astreinte”) is the sanction by which injunctions are enforced in civil law jurisdictions.


About Jane Lambert

I am a barrister specializing in intellectual property, technology, media and entertainment and competition law. I specialize in helping SME (small and medium enterprises) protect and exploit their investment in brands, design, technology and the arts. SME require intellectual property (legal protection for their intellectual assets) at least as much as big business but their limited means restrict the way they can use it. Looking after such clients wisely requires skills and knowledge which have taken me years to learn.
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