Microsoft On Trial
Legal and Economic Analysis of a Transatlantic Antitrust Case
Edited by Luca Rubini, Senior Lecturer in European Law and Deputy Director, Institute of European Law, University of Birmingham, UK
|2010 560 pp Hardback 978 1 84844 244 3
|ebook isbn 978 1 84980 714 2
Hardback £145.00 on-line price £130.50
Series: New Horizons in Competition Law and Economics series
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‘I would highly recommend this book to any practitioner, academic, or postgraduate student interested in either the specifics of the EU and US Microsoft cases or more generally in the current scope of unilateral conduct laws on both sides of the Atlantic. It is refreshingly easy to navigate, thanks to an excellent index and table of cases and legislation, no mean feat in light of the fact that the book is a collection of 14 independent essays. The editor, Luca Rubini, deserves particular praise for this achievement. The editor also provides an invaluable multi-disciplinary approach to the various issues raised by the increasing interaction of competition law and intellectual property law in the information technology sector and beyond.’
– Anthony Dawes, European Law Review
Contributors: S. Anderman, A. Andreangeli, M. Baldauf, N. Banasevic, J.-F. Bellis, N. Economides, J. Fejø, I.S. Forrester, E.M. Fox, M.J. Gil-Moltó, P. Hellström, C. Jackson, T. Kasten, I. Lianos, R.J.R. Peritz, C. Petrucci, D. Ridyard, L. Rubini, B. Vesterdorf, A. Walsh
Full table of contents
Microsoft on Trial analyses the antitrust cases that have involved Microsoft on both sides of the Atlantic and offers a thorough and timely discussion on the regulation of unilateral behaviour in a topical sector.
This fascinating and highly relevant book facilitates discussion on the difficult technical, legal and economic issues with respect to innovation, competition and welfare raised, through the span of more than a decade, by the US and EC Microsoft antitrust cases. It assesses their impact on the evolution of European and US laws on competition and intellectual property in the IT sector and beyond.
The book, which adopts a multidisciplinary approach (IT, law, economics), benefits from the valuable insights of 20 contributors including those that were directly involved in the EC case. Practitioners, advanced postgraduates and academics will find this unique book an essential resource.
Microsoft on Trial: The Appendix
PART I: TECHNICAL BACKGROUND
1. The Basic Technology Issues at Stake
PART II: FROM BRUSSELS TO LUXEMBOURG: A EUROPEAN STORY
2. Windows into the World of Abuse of Dominance: An Analysis of the Commission’s 2004 Microsoft Decision and the CFI’s 2007 Judgment
Nicholas Banasevic and Per Hellström
3. Victa Placet Mihi Causa: The Compulsory Licensing Part of the Microsoft Case
Ian S. Forrester QC
4. The Microsoft Windows Media Player Tying Case
Jean-François Bellis and Tim Kasten
5. The Microsoft Case: You Reap what you Sow?
PART III: INNOVATION, COMPETITION AND WELFARE IN THE IT SECTOR: TRANSATLANTIC PERSPECTIVES, INTERNATIONAL HORIZONS
6. The Microsoft Chronicles
Rudolph J.R. Peritz
7. Microsoft v Commission and the Interoperability Issue
8. The EC Microsoft Case and Duty to Deal: The Transatlantic Divide
Eleanor M. Fox
9. Microsoft v Commission: Interoperability, Emerging Standards and Innovation in the Software Industry
10. Tying, Technological Integration and Article 82 EC Treaty: Where do we go after the Microsoft Case?
11. Economic Aspects of the Microsoft Case: Networks, Interoperability and Competition
Maria J. Gil-Moltó
12. Microsoft v Commission: A Pricing Perspective on Non-Price Abuses
Derek Ridyard and Markus Baldauf
13. The Quest for Appropriate Remedies in the EC Microsoft Cases: A Comparative Appraisal
Nicholas Economides and Ioannis Lianos
14. Beyond Microsoft: An International Agreement on Abuse of Market Power?