IT & Dominance

Dominance

The European Commission publishes a decision finding that request and enforcement of an injunction before a German court regarding a smartphone standard essential patent constituted an abuse of dominant position (Motorola Mobility)
DLA Piper Weiss-Tessbach (Vienna)
Motorola Mobility won’t appeal the European Commission’s decision on patent licensing* Motorola Mobility (Motorola) has decided not to appeal the European Commission’s decision holding that it was abusing the way it licensed standard essential patents for mobile-phone standards. The Commission (...)

The European Commission receives an antitrust complaint concerning patent licensing practices engaged by an owner of numerous standard-essential patents on telecommunications standards (ZTE / Vringo)
DLA Piper Weiss-Tessbach (Vienna)
ZTE files antitrust complaint with the European Commission against the patent-licensing practices of Vringo* On 18 June 2014 ZTE Corporation (ZTE) announced that it filed an antitrust complaint with the European Commission against Vringo Inc.’s (Vringo) patent-licensing practices. ZTE alleged (...)

The EU General Court upholds the European Commission’s decision regarding exclusivity rebates on the microprocessor market (Intel)
Dentons (Brussels)
Introduction On 12 June 2014 the General Court issued a judgment upholding in its entirety the European Commission’s decision of 13 May 2009 imposing a fine of €1.06 billion on Intel for abusing its dominant position in the market for x86 central processing units ("CPUs"). In its ruling on the (...)

The EU General Court provides an in-depth analysis of the anti-competitive character of the matter of exclusivity rebates offered to the OEM partners (Intel)
EFTA Surveillance Authority
Case T-286/09 Intel : Characterisation of rebates* It is time to get deeper into the frenzy of the judgment in Case T-286/09 Intel which we summarised very quickly here in our first post on the case. Let us start by looking at the characterisation of rebate schemes by the General Court. The (...)

The EU General Court holds that the exclusivity rebates by their nature are capable of restricting competition and foreclosing competitors from the market for computer processors (Intel)
EFTA Surveillance Authority
Case T-286/09 Intel v Commission: Exclusivity rebates and abuse of a dominant position* Right then, folks, brace yourselves…. The much awaited judgment of the General Court in Case T-286/09 Intel v Commission EU:T:2014:472 came out today. It’s a whopper ! 255 pages. Summarising it is reminds me (...)

The General Court upholds in its entirety the European Commission’s decision imposing a fine on a microprocessor manufacturer for abusing a dominant position in the market for desktop and laptop microprocessors (Intel)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
In a long-awaited judgment issued on June 12, 2014, the General Court upheld in its entirety the European Commission’s May 13, 2009, decision imposing a fine of €1.06 billion ($1.5 billion) on Intel for abusing a dominant position in the market for x86 CPUs. In particular, the court upheld the (...)

The EU General Court upholds the Commission decision in consideration of two exclusionary practices on the market for supply of CPUs, opening the door to a further appeal to the CJEU and to a possible application before the ECtHR (Intel)
European Procurement Law Group
Could Intel challenge its 1bn Euro fine on grounds of ’corporate human rights’* After last week’s General Court Judgment in Intel v Commission, T-286/09, EU:T:2014:475, the 2 month period for Intel to appeal the confirmation of its 1bn Euro fine before the Court of Justice of the EU on points of (...)

The Portuguese Competition Court upholds a Competition Authority decision fining a TV operator for abuse of dominant position (Sport TV)
European Commission (Brussels)
Portugal: The Competition Court upholds Competition Authority Decision fining Sport TV for Abuse of Dominant Position* On 4 June 2014, the Competition, Regulation and Supervision Court (the Court) upheld a decision of the Portuguese Competition Authority (PCA) finding that Sport TV had abused (...)

The Chinese NDRC announces the suspension of an investigation on abuse of dominance against a US wireless technology developer after receiving detailed commitments (Inter Digital Communications)
AnJie Law (Beijing)
Excessive pricing and standard-essential patents* On May 22 2014, China’s National Development and Reform Commission (NDRC) announced the suspension of the investigation against Inter Digital Communications (IDC), a US wireless technology developer, as the company had submitted detailed (...)

The EU Commission approves commitments concerning certain standard essential patents relating to the European Telecommunications Standardisation Institute’s 3G UMTS standard (Samsung Electronics)
Stanford University - Stanford Law School
European Commission makes commitments offered by Samsung Electronics legally binding* On 29 April 2014, the European Commission European issued a decision (see also the related press release) which made legally binding the commitments offered by Samsung Electronics (“Samsung”) in relation to (...)

The EU Commission finds that the order sought and the enforcement of an injunction before a German Court on the basis of a smartphone standard essential patent constituted abuse of dominance (Motorola Mobility)
Stanford University - Stanford Law School
European Commission finds that Motorola Mobility misused standard essential patents* On 29 April 2014, the European Commission European held that it has adopted a decision which found that Motorola Mobility’s (“Motorola”) seeking and enforcement of an injunction against Apple before a German (...)

A US District Court dismisses the claims on exclusive dealing and attempted monopolization on the market for SD cards (PNY Technologies / SanDisk)
Orrick, Herrington & Sutcliffe (San Francisco)
Northern District of California Raises the Bar on Exclusive Dealing Claims* In PNY Technologies, Inc. v. SanDisk Corp., Case No. C-11-04689 (N.D. Cal. Apr. 25, 2014) (Orrick, J.), the court dismissed PNY’s exclusive dealing and attempted monopolization claims. I previously covered the case (...)

The US DoJ issues statement as regards the closing of an investigation into the use of a portfolio of standards-essential patents on the pursuit of obtaining exclusion orders from the US ITC relating to certain iPhone and iPad models (Samsung)
DLA Piper Weiss-Tessbach (Vienna)
U.S. DOJ closes its investigation of Samsung’s use of its SEPs* On February 7, 2014 the Department of Justice (“DOJ”) issued a statement declaring that it closed its investigation into Samsung Electronics Co. Ltd.’s (“Samsung”) use of its Standards-Essential Patent (“SEP”) portfolio to license (...)

The EU Commission obtains new proposal on commitments in the context of an ongoing antitrust investigation as regards online search and search advertising (Google)
Stanford University - Stanford Law School
Improved Google commitments (closer to) getting the thumbs up from the European Commission* On 5 February 2014, the European Commission issued a press release and a memo concerning the improved commitments proposed by Google (the commitments were made public by Google itself). At a press (...)

A US District Court dismisses an action brought by a putative class of consumers on claims of monopolization of the aftermarket for iPhone apps (Apple iPhone Antitrust Litigation)
Sheppard Mullin (San Francisco)
Plaintiffs Hit an Illinois Brick Wall: Indirect Purchasers of iPhone Apps Lack Standing to Bring Antitrust Suit* On December 2, 2013, United States District Judge Yvonne Gonzalez Rogers of the Northern District of California dismissed a case against Apple brought by a putative class of (...)

The German and UK competition authorities close investigations against leading online retailer concerning its price parity policy applicable to third party sellers (Amazon)
European Commission (Brussels)
Germany and United Kingdom: Antitrust Cases against Amazon formally closed* On 26 and 29 November 2013, the German Bundeskartellamt (BKartA) and the UK’s Office of Fair Trading (OFT) terminated their respective antitrust investigations into Amazon’s price parity policy applicable to third (...)

The Competition Commission of India orders thorough investigation concerning an alleged abuse of dominant position in the in the market for ’Global System for Mobile Communication’ (Micromax / Ericsson)
Jindal Global University
In the year 2013, an Indian company, Micromax Informatics Ltd. (hereinafter Micromax), filed a case before the Competition Commission of India (hereinafter CCI) against the Swedish telecoms equipment maker, Telefonaktiebolaget LM Ericsson (hereinafter Ericsson), for alleged abuse of its (...)

The Competition Commission of India orders investigation against Swedish telecom provider for abusing its dominant position in determining royalty under FRAND terms (Micromax Informatics Limited / Telefonaktiebolaget LM Ericsson)
University of Tilburg - Center for Law and Economics (TILEC)
Background In a recent matter, Micromax Informatics Limited vs Telefonaktiebolaget LM Ericsson (Publ), the Competition Commission of India has ordered an investigation by DG competition against Ericsson for abusing its dominant position in determining royalty under the FRAND terms. Micromax in (...)

The French Competition Authority launches a public consultation on commitments received in by a major operator in online gambling sector (PMU)
University Dublin College (UCD)
The French Competition Authority launched a public consultation on commitments it received from an operator in a dominant position on the online gambling market to split its online betting activities from those of its shop-betting network. Following a complaint from the Betclic Everest Group (...)

The EU Commission consults on commitments to license on FRAND terms regarding use of standard essential patents (Samsung SEPs)
Garrigues (Brussels)
Samsung offers commitments to appease DG Comp* The most important (antitrust-related) news last week was the European Commission’s announcement that it will market test a commitment proposal submitted by Samsung regarding the enforcement of its SEPs (Standard Essential Patents) related to (...)

A U.S. Court of Appeal dismisses claims of monopolization against leading software company based on an alleged refusal to deal (Microsoft)
Cornell University
In the antitrust equivalent of Jarndyce v Jarndyce from Charles Dickens’ Bleak House, the United States Court of Appeals for the Tenth Circuit dismissed Novell’s appeal of Novell of the District Court’s decision to enter judgment as a matter of law for the defendant in Novell’s long-standing case (...)

The U.S. Court of Appeals for the Ninth Circuit affirms the district court’s denial of class certification and the dismissal of complaint with prejudice (Sommers/Apple)
Orrick, Herrington & Sutcliffe (San Francisco)
If Your Allegations Don’t Establish a Price Effect, You May Lack Antitrust Standing* In Somers v. Apple, Inc., Case No. 11-16896 (9th Cir. Sept. 3, 2013), the Ninth Circuit affirmed the district court’s dismissal of a putative class action against Apple, Inc., alleging antitrust violations in (...)

The European Commission carries out a market test of commitments in its investigation of online search service provider (Google)
Cleary Gottlieb Steen & Hamilton (Brussels)
The Google Commitments – Testing Substantive Theories Through Remedy Discussion* Over the last two months, the Commission has been market testing commitments that Google has offered to resolve the Commission’s pending investigation. Many have made thoughtful comments. But there has also been (...)

The European Commission begins market testing of commitments offered by the leading web search operator to address competition concerns (Google)
Van Bael & Bellis (Brussels)
On 25 April 2013, the Commission issued a press release announcing that it had begun market testing commitments offered by Google in relation to online search and search advertising. In its press release, the Commission stated that it continues to have concerns that Google may be abusing (...)

The EU Commission seeks feedback on commitments meant to address competition concerns on the market for web search (Google)
Stanford University - Stanford Law School
European Commission market tests Google commitments in relation to online search and search advertising* On 25 April 2013 the European Commission published a press release and a memo seeking observations from third parties on the commitments offered by Google in order to address the (...)

A US Court issues first analysis of an appropriate royalty that a patentee could obtain after promising to license its patent on reasonable and nondiscriminatory (RAND) terms (Microsoft / Motorola)
Rutgers University
On April 25, 2013, Judge James L. Robart of the U.S. District Court for the Western District of Washington offered the first analysis by a U.S. court of an appropriate royalty that a patentee could obtain after promising to license its patent on reasonable and nondiscriminatory (RAND) terms. (...)

The Swedish Court of Appeal endorses the EU Court of Justice’s finding of abuse of dominance in margin squeeze case (TeliaSonera)
Mircea & Partners (Bucharest)
I. Introduction On the 17 of February 2011 the Court of Justice of the European Union released its preliminary ruling in Case C-52/09 Konkurrensverket v TeliaSonera. At the origin of this litigation we could find an application for summons issued by Konkurrensverket on 21 December 2004. After (...)

The EU Commission receives a complaint alleging abuse of dominant position on the market for smartphone operating system (FairSearch/Google)
Garrigues (Brussels)
Some thoughts on the new anti-Google (Android) complaint* Some background to the complaint Back in April the FairSearch coalition in this case only two of its members Microsoft and Nokia lodged a complaint with DG Comp alleging: (a) that by giving Android to device-makers for “free” Google (...)

The Guangdong High Court rules against plaintiff in high-profile on-line abuse of dominance case (Qihoo / Tencent)
Fingleton Associates (London)
On the 28th March 2013 the Guangdong High Court published their eagerly awaited decision regarding the abuse of dominance antitrust dispute between Qihoo 360 (Qihoo, the Plaintiff) and Tecent QQ (Tencent, the Defendant). The decision was over fifty thousand Chinese characters in length. This (...)

The Chinese Guangdong High People’s Court renders a judgment on the definition of relevant market in an alleged abuse of dominance case in the IT sector (Qihoo / Tencent)
Renmin University of China
I. Introduction 1. Beijing Qihoo Technology Co., Ltd. (hereinafter referred to “Qihoo”) is the copyright owner and operator of 360 safe software. Tencent Technology (Shenzhen) Co., Ltd., and Shenzhen Tencent Computer System Co., Ltd. (hereinafter referred to “Tencent”) are respectively the (...)

The European Commission fines one compagny €561 Million for breach of commitments (Microsoft)
European Commission (Brussels)
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Jones Day (Brussels)
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Jones Day (Brussels)
The European Commission has imposed an unprecedented €561 million ($730 million) fine on Microsoft, finding it broke its pledge to offer consumers a choice of how they access the Internet, rather than defaulting to Microsoft’s Explorer browser. This is the first time a company has been fined for (...)

The European Commission fines US software company €561 M for breach of commitments (Microsoft)
European Commission (Brussels)
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Jones Day (Brussels)
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Jones Day (Brussels)
The European Commission has imposed an unprecedented €561 million ($730 million) fine on Microsoft, finding it broke its pledge to offer consumers a choice of how they access the Internet, rather than defaulting to Microsoft’s Explorer browser. This is the first time a company has been fined for (...)

The European Commission imposes a fine for non-compliance with browser choice commitments (Microsoft)
European Commission (Brussels)
European Commission: Microsoft fined for Non-Compliance with Browser Choice Commitments* On 6 March 2013, the European Commission (the Commission) imposed a fine on Microsoft for failing to comply with binding commitments. According to those commitments, Microsoft had to display to Windows (...)

The French Competition Authority rejects complaint based on allegations of abuse of dominance on the market for online advertising (E-Kanopi)
Stanford University - Stanford Law School
French Competition Authority dismisses E-Kanopi’s complaint against Google* On 4 March 2013 the French competition authority dismissed (only available in French) a complaint by E-Kanopi alleging that Google abused of its dominant position by seeking to force it out of the market in breach of (...)

The French Competition Authority sanctions a professional body and an association for exclusionary practices implemented in the sector of electronic transfer of tax and accounting data (French Association of Chartered Accountants)
Baker Botts (Brussels)
Following a complaint submitted in December 2010, the French Competition Authority (hereinafter the ’FCA’) adopted on 28 February 2013 a decision (hereinafter the ’Decision’) whereby it fined two bodies a total of €1,247,220 for an abuse of a dominant position in the sector of online transmission of (...)

The Spanish Competition Authority puts an end to infringement proceedings against hardware and software company suspected of refusal to supply (Oracle)
Hogan Lovells (Madrid)
The Spanish Competition Authority (Comisión Nacional de la Competencia, the CNC) put an end to the infringement proceedings S/354/11 Oracle (the Decision). These infringement proceedings were formally opened pursuant to a complaint by a competitor which considered that Oracle had committed an (...)

The US FTC announces proposed settlement concerning practices in online search and advertising (Google search)
Stanford University - Stanford Law School
U.S. Federal Trade Commission announces proposed settlement with Google* On 3 January 2013 the U.S. Federal Trade Commission (FTC) announced that Google Inc. has agreed to not seek injunctive relief against rivals using its essential patents. The FTC also announced that Google has altered its (...)

The EU Commission sends SOs to software company regarding failure to comply with commitments relating to web browsers and identifies additional issues relating to release of new software (Microsoft)
Van Bael & Bellis (Brussels)
On 24 October 2012, the European Commission announced that it sent a Statement of Objections (“SO”) to Microsoft informing the company of the Commission’s preliminary view that Microsoft failed to comply with its commitments designed to enable users to more easily choose their preferred web (...)

The EU Commission opens proceedings against US software company to investigate possible non-compliance with browser choice commitments (Microsoft)
Van Bael & Bellis (Brussels)
On 17 July 2012, the Commission announced that it had opened proceedings against Microsoft in order to investigate whether the company has failed to comply with its 2009 commitments to offer users a choice screen that provides another means of allowing users to choose their preferred web (...)

The EU Court of Justice holds that the doctrine of exhaustion applies to downloaded software (UsedSoft/Oracle)
Sideman & Bancroft (San Francisco)
European Court of Justice holds that the doctrine of exhaustion applies to downloaded software (UsedSoft v. Oracle)* On 3 July 2012, the European Court of Justice issued a groundbreaking judgment regarding the resale of used software licenses in the European Union. Oracle develops and markets (...)

The EU General Court upholds a periodic penalty payment imposed by the Commission on an undertaking for failing to share adequate interoperability information (Microsoft)
Blackstone Chambers
“Imprecise legal concepts” are no excuse* The second chapter of the Microsoft saga unfolded on 27 June 2012, when the General Court largely upheld the €899 million periodic penalty payment imposed on Microsoft for failing to share adequate interoperability information with its competitors. (...)

The EU Competition Commissioner makes a statement on the progress of the on-going investigation into the alleged abuse of dominance in the search engine market (Google)
Stanford University - Stanford Law School
Almunia offers Google settlement talks* Last 21 may 2012, Competition Commissioner Joaquin Almunia made a statement on the progress of the on-going investigation into Google’s alleged abuse of dominance in the search engine market, which the Commission was investigating since November 2010 (see (...)

The European Commission invites leading web search engine to submit remedies to address alleged abuse of dominance concerns (Google)
Van Bael & Bellis (Brussels)
On 21 May 2012, the Commission issued a press statement inviting Google to submit remedies to address four concerns it identified pursuant to the antitrust investigation it launched in November 2010 into a potential abuse by Google of its dominant market position. The Commission noted (...)

A US Court of Appeals reiterates that it is possible to monopolize a technology market (Apple / Samsung)
Orrick, Herrington & Sutcliffe (San Francisco)
Northern District of California Reiterates That You Can Monopolize a Technology Market* In Apple, Inc. v. Samsung Electronics Co., Ltd., Case No. 11-CV-01846 (N.D. Cal. May 14, 2012) (Koh, J.), a patent case, the court refused to dismiss Apple’s counterclaims, including a Sherman Act § 2 (...)

The Danish Competition Authority decides not to initiate any further investigation in a case of urging municipalities to sign contracts without initiating public tenders (KMD)
Danish Competition and Consumer Authority (Copenhagen)
The IT-company KMD’s strategy to urge municipalities to sign it-contracts with KMD and refrain from initiating public tenders* This case concerns whether the Danish IT-company KMD has breached section 11 in the Danish Competition Regulation and TEUF article 102 by pursuing a strategy to urge (...)

A Russian Commercial Appeal Court imposes a significant amend for a breach of competition on the market of domain name registration (Ru-Center)
Deloitte (Moscow)
On March 19, 2012 the 9th Commercial (Arbitrazh) Appeal Court of the Russian Federation issued a landmark antimonopoly case decision concerning distribution of domain names. The dispute concerned significant abuses of the organization entitled to manage Russian domain name system. As it was (...)

The Brussels Court of Appeal asks the EU Commission its opinion on the application of EU competition law regarding an alleged abuse of dominance in the IT sector (Kapitol / Magyar Telekom)
Liège University - IEJE
I. Facts Kapitol is a Belgian company. It offers European phonebooks services to its Belgian clients: they are available on both CD and DVD. In order to increase its offer, Kapitol wishes to have access to Magyar Telekom’s database in order to publish a Hungarian phonebook. Magyar Telekom is (...)

The European Commission announces the opening of proceedings in the market for the design of commercial control systems (The MathWorks)
Van Bael & Bellis (Brussels)
On 1 March 2012, the European Commission announced that it had opened a formal investigation to assess whether The MathWorks abused a dominant position under Article 102 TFEU in the market for the design of commercial control systems by preventing competitors from achieving (...)

The European Commission opens an investigation against south Korean producer of smart phones and tablet computers for abusive use of its essential patents for 3G mobile and wireless telecommunications system standard (Samsung)
Criterion Economics
The European Commission opens an antitrust investigation against Samsung Electronic* On January 31, the European Commission announced the opening of a formal antitrust investigation against Samsung Electronic, the South Korean producer of smartphones and tablet computers. The case concerns the (...)

The French Competition Authority rejects hardware supplier’s request for interim measures (Hewlett-Packard, Oracle)
Van Bael & Bellis (Brussels)
In a decision of 10 January 2012, the French Competition Authority rejected Hewlett-Packard’s request for interim measures against Oracle. This decision follows a complaint lodged by the Hewlett-Packard Company and Hewlett-Packard France (“HP”) alleging that the Oracle Corporation and Oracle (...)

The French Competition Authority declines to impose emergency measures but will continue to investigate on alleged practices in the markets for corporate servers and relational database management systems (RDBMS) (Hewlett-Packard / Oracle)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence declines to impose emergency measures against Oracle, but will continue to investigate the merits of Hewlett-Packard’s complaint*. Hewlett-Packard Company and Hewlett-Packard (...)

An Italian City Court rejects application for an injunction against the sale of the iPhone 4S (Samsung / Apple)
Stanford University - Stanford Law School
Italian Court rejects Samsung’s request for injunction against Apple in Italy* On 5 January 2012 an Italian Court rejected Samsung’s request for an injunction against Apple in relation to the sale of the iPhone 4S in Italy. Samsung alleges that Apple is violating a number of its patents, which (...)

An Italian civil court rejects to dispose the delay of a new product launch for patent infringement claim and assumes a leading competitor’s abuse of dominant position as refusal to license (Samsung Italy/Apple Italy)
University Luiss Guido Carli - GRIF (Rome)
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University Luiss Guido Carli - GRIF (Rome)
The facts The rivalry between Samsung and Apple gave birth to a terrific number of disputes around the globe. One of the last chapters of this never ending saga took place in Milan when Samsung asked to the court a precautionary measure to stop the sale of the Apple smart-phone that supposedly (...)

The Competition Authority of Bosnia & Herzegovina finds an abuse of dominant position on the market for computer reservations systems (Amadeus)
University of Technology (Tallinn)
On 22 December 2011 Competition Authority of Bosnia & Herzegovina (KV) established that Amadeus BH d.o.o., the provider of the computer reservations system Amadeus used by the travel agencies for booking the airline tickets, has abused its dominant position on the relevant market by (...)

The EU Commission makes commitments legally binding to ensure competition in mainframe maintenance market (IBM)
Stanford University - Stanford Law School
European Commission makes IBM’s commitments in the mainframe maintenance market legally binding* On 14 December 2011 the European Commission stated that it has made commitments offered by IBM Corporation in the mainframe maintenance market legally binding (see Newsletter 6/2011 p. 6, Newsletter (...)

The EU Commission market tests international multimedia news agency’s commitments on its licensing practices (Thomson Reuters)
Van Bael & Bellis (Brussels)
On 14 December 2011, the Commission announced that it was inviting comments on commitments offered by Thomson Reuters to address concerns that its licensing practices in relation to the Reuters Instrument Codes (“RICs”) may infringe Article 102 TFEU. RICs are codes that identify securities (...)

The European Commission adopts a commitment decision concerning the aftermarket for IT company mainframe maintenance (IBM)
European Commission - DG COMP (Brussels)
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Italian Competition Authority (Roma)
An analysis of the IBM Commitment Decision concerning the aftermarket for IBM mainframe maintenance* The content of this article does not necessarily reflect the official position of the European Commission. Responsibility for the information and views expressed lies entirely with the (...)

The US FTC opens in-depth investigation for alleged antitrust violations in the online search market: A point of view (Google)
David A. Balto (Washington, DC)
Internet Search Competition: Where’s the Beef?* On [24] June 2011, Google announced that the FTC had opened an investigation of its search practices. This is an issue I have given considerable thought to. In an article I just released—Internet Search Competition: Where’s the Beef?—I explain (...)

A Chinese District Court rules for the plaintiff in unfair competition case relating the antivirus software industry (Tencent/Qihoo)
Cleary Gottlieb Steen & Hamilton (Hong Kong)
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Norton Rose Fulbright (Brussels)
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J.P. Morgan
This article is the winner of readers business awards of the 2012 Antitrust Writing Awards. Click here to learn more on the Antitrust Writing Awards. On April 26, 2011, Beijing Chaoyang District Court (the “Court”) ruled against Qihoo, the provider of 360 (a widely used antivirus software) and (...)

The EU Commission is called on to assess whether a company in the online search market has abused of its dominant position under Art. 102 TFEU (Microsoft, Google)
Liege Competition and Innovation Institute
Microsoft v. Google – Clash of the Titans* On Behalf of the Antitrust Community, A Big Thank You – Antitrust law professors should be grateful to Microsoft (hereafter, “MSFT”). As a repeat offender of the competition laws, MSFT has provided scholars with loads of research and educational material (...)

A US District Court dismisses claims on monopolization, unfair competition and fraud, since the plaintiff did not articulated a proper definition of the relevant market (Digital Sun / The Toro Company)
Sheppard Mullin (Los Angeles)
Federal Court Finds Allegations of “Bad Faith” in Sprinkler License Agreements to be “Vox Clamantis in Deserto”* On March 22, 2011, the United States District Court for the Northern District of California entered an order granting defendants The Toro Company’s ("Toro") motion to dismiss plaintiff (...)

A US district court rejects a proposed settlement in the digitized book search sector (Google Books Settlement)
University of Chicago - Law School
Moving Forward in Google Book Search* On Tuesday, after more than a year of silence, Judge Denny Chin rejected the proposed settlement in the Google book search case. The innovative settlement asked more than Rule 23 could deliver. In his words, the settlement “would simply go too far.” Others (...)

A US district court rejects settlement between online search provider and copyright owners in the digitized books sector (Google Books Settlement)
Garrigues (Brussels)
Google Books Settlement Rejected* Some of you will recall that roughly a year ago I wrote a post on the Google Books settlement (“Google Books Settlement: It’s the search market stupid!”) in which I argued that the only competitive problem, if any, posed by the amended settlement related to the (...)

A US District Court denies a motion to dismiss a fraudulent patent claim and allows standing to a direct purchaser of NAND flash memory (Ritz / SanDisk)
Sheppard Mullin (Los Angeles)
Expanded Standing, or “Back to Basics”? Flash Memory Direct Purchasers Found to Have Standing to Assert Walker Process Claims* In Ritz Camera & Image, LLC v. SanDisk Corporation, et al., United States District Court, ND Cal., Case No. 5:10-CV02787-JF/HRL, the court denied a motion to dismiss (...)

The Italian Competition Authority accepts commitments proposed by the main IT operator closing the investigation for abuse of dominance on the online collecting advertisement market (Google Italy)
Criterion Economics
The Italian competition authority accepts Google’s commitments in the investigation concerning Google News in Italy* In January 2011, the Italian Competition Authority announced that it closed its investigation against Google Italy, for the alleged abuse of dominant position. The decision was (...)

The French Competition Auhtority issues an opinion concerning the dominant position of a search engine company in the market for online advertising (Google)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence considers that Google holds a dominant position on the advertising market linked to search engines. It considers that competition law can apply limits to Google’s actions and (...)

The European Commission investigates in depth competition concerns on the internet market as regards unfavourable treatment of competing services in unpaid and sponsored search results coupled with an alleged preferential placement of own services (Google)
Sheppard Mullin (Del Mar)
EC Investigates Google for Potential Abuse of Dominance in Online Search Market* In July 2010, Vice President of the European Commission (EC) responsible for competition policy, Mr. Joaquin Almunia, referred to the essential role that competition policy has in ensuring “market access and (...)

The European Commission opens in-depth investigation over alleged antitrust violations in on-line search market (Microsoft, Google)
Wolters Kluwer (Riverwoods)
Microsoft Files Antitrust Complaint with European Commission Against Google* Microsoft Corporation has filed a formal complaint with the European Commission (EC) against Google Inc. as part of the EC’s ongoing antitrust investigation into the search engine company. In a March 30 blog post, Brad (...)

The Chinese State Administration for Industry and Commerce (SAIC) receives requests for review in the internet industry (Baidu, Tencent)
AnJie Law (Beijing)
Market dominance and the Internet: new industry, new rules?* China’s biggest encyclopaedia website, Hudong.com, has requested an anti-monopoly review of Baidu, the leading Chinese internet search engine. Hudong.com is asking the State Administration for Industry and Commerce (SAIC) to fine (...)

The French Competition Authority accepts the commitments undertaken by a search engine company as regards possible exclusionary conduct on the market for online advertising (AdWords)
Stanford University - Stanford Law School
French Competition Authority makes Google’s commitments in Navx case binding* On 28 October 2010, the French Autorité de la Concurrence (“FAC”) formally accepted and thereby made binding on Google a set of improved commitments (available only in French) which the FAC considered to properly address (...)

The French Competition Authority accepts commitments relating to online advertising service (Google AdWords)
Hewlett Packard (Boulogne-Billancourt)
In its decision n° 10-D-30 dated 28 October 2010, relating to practices implemented in the online advertising sector (relative à des pratiques dans le secteur de la publicité en ligne), the French Competition Authority (the «Competition Authority«) accepted the commitments offered by Google to solve (...)

The EU Commission declares that it would not open formal proceedings following the change of policies on restrictions on the development of apps for smartphone operating system and cross-border warranties (Apple’s iPhone)
Stanford University - Stanford Law School
European Commission closes preliminary investigations into Apple’s iPhone policies* On 25 September 2010, the European Commission declared that it would not open formal proceedings against Apple, following Apple’s iPhone change of policies on restrictions on the development of applications (or (...)

The US FTC settles charges of anticompetitive conduct against manufacturer of computer chips (Intel)
Stanford University - Stanford Law School
FTC settles complaint against Intel* On 4 August 2010 the U.S. Federal Trade Commission (“FTC”) approved a settlement with Intel Corp. on charges that the company violated Section 5 of the FTC Act by engaging in unfair methods of competition and deceptive acts and practices in commerce, (...)

The US FTC settles the first significant antitrust enforcement action brought under section 5 of the FTC Act (Intel)
Skadden, Arps, Slate, Meagher & Flom (Washington)
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Skadden, Arps, Slate, Meagher & Flom (Palo Alto)
On August 4, 2010, the Federal Trade Commission (FTC) announced that it entered into an agreement with Intel Corporation to resolve a much-hyped administrative complaint filed on December 16, 2009. The FTC’s complaint against Intel was filed under Section 5 of the FTC Act, shortly after the FTC (...)

The EU Commission initiates formal investigations in two cases of suspected abuse of dominant market position (IBM)
Stanford University - Stanford Law School
European Commission investigates IBM’s conduct on the mainframe market* On 26 July 2010, the European Commission issued a press release stating that IBM is subject to a formal investigation for two alleged abuses of its dominant position on the market for mainframe computers in breach of (...)

The French Competition Authority launches a market test following a leading internet corporation commitments (Google)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 21 July 2010, the French Competition Authority published commitments offered by Google in an effort to resolve competition concerns identified by the Competition Authority in a decision of 30 June 2010. The 30 June decision granted interim measures to Navx, a company which sells online (...)

The European Commission recognises that due to their dynamics internet markets such as online search engines are characterized by innovative business models that are constantly evolving and therefore market dominance on the internet might be difficult to establish (Google)
Sheppard Mullin (Del Mar)
EC Investigates Google for Potential Abuse of Dominance in Online Search Market* In July 2010, Vice President of the European Commission (EC) responsible for competition policy, Mr. Joaquin Almunia, referred to the essential role that competition policy has in ensuring “market access and (...)

The French Competition Authority grants interim measures regarding online advertising system (Navx - Google)
Simmons & Simmons (Paris)
,
Affinion International
In a decision dated 30 June 2010, the French Competition Authority (the "Competition Authority") has considered that Google had implemented the content policy of its AdWords service in a way that lacked objectivity and transparency and resulted in a discriminatory treatment of speed camera (...)

The EU Commission makes public its long awaited policy document on the Digital Agenda for Europe
Stanford University - Stanford Law School
Standard Setting in the EU’s Digital Agenda* On 19 May 2010, the European Commission made public its long awaited policy document on the Digital Agenda for Europe. The overall aim of the Digital Agenda is to deliver sustainable economic and social benefits from a digital single market based on (...)

A US District Court grants motion for summary judgment on claims of maintaining a monopoly in the operating systems market (Novell / Microsoft)
Stanford University - Stanford Law School
U.S. District Court dismisses Novell’s claims against Microsoft* On 30 March 2010 the U.S. District Court for the District of Maryland granted Microsoft’s motion for summary judgment on Novell’s claims that Microsoft violated U.S. antitrust laws by engaging in anti-competitive conduct in order to (...)

The EU General Court examines an appeal against a Commission decision in the chip manufacturing sector (Hynix Semiconductor)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
The details of two appeals lodged at the General Court (“GC”) by Hynix Semiconductor (“Hynix”) against two Commission decisions concerning US chip manufacturer Rambus were published in the Official Journal of 5 June 2010. In December 2009, the Commission issued a decision closing an investigation (...)

The Italian Competition Authority closes investigation into an online news aggregator service following commitments (Google)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
The Italian Competition Authority (“ICA”) has recently terminated an antitrust investigation into Google after accepting and making binding commitments offered by Google to resolve two concerns raised during the ICA’s investigation. The ICA’s investigation started in August 2009, when Google was (...)

The US FTC files complaint concerning harm of competition on the relevant central processing unit and graphics processing unit markets (Intel Corp.)
Stanford University - Stanford Law School
FTC files complaint against Intel Corp.* On 16 December 2009 the FTC issued an administrative complaint against Intel Corp. (“Intel”) claiming that Intel has violated Section 5 of the FTC Act through practices that harm competition in the relevant central processing unit (“CPU”) and graphics (...)

A Chinese Court issues second abuse of dominance’s decision under the new anti-monopoly law (Baidu,TRISC)
Jones Day (Beijing)
,
Jones Day (Beijing)
,
Winston & Strawn (New York)
On December 18, 2009, a Chinese court ruled in favor of Baidu, Inc. (“Baidu”), allegedly the largest Chinese search engine company, in a lawsuit filed by Tangshan Renren Information Service Company (“TRISC”), an online information platform. TRISC alleged that Baidu abused its dominant market (...)

The European Commission renders legally binding commitment offered by US software undertaking concerning web browsers (Microsoft)
European Commission - DG COMP (Brussels)
,
European Commission - DG COMP (Brussels)
,
FTI Consulting (Brussels)
"The Commission’s decision in the Microsoft Internet Explorer case and recent developments in the area of interoperability"* I. Commitment decision on the tying of Internet Explorer to Windows A. Introduction On 16 December 2009, the Commission adopted a commitment decision (‘the Decision’) (...)

The European Commission renders legally binding commitments offered by US software undertaking to lower memory chip royalty rates (Rambus)
European Commission - DG TRADE
,
European Parliament (Luxembourg)
"Patent ambush in standard-setting: the Commission accepts commitments from Rambus to lower memory chip royalty rates"* I. Introduction Standardisation involves competitors sitting around a table agreeing technical developments for their industry. Normally, antitrust rules do not allow (...)

The European Commission opens formal proceedings in the real-time market datafeeds sector (Thomson Reuters)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 10 November 2009, the Commission announced that it was opening formal antitrust proceedings against Thomson Reuters regarding its practices in the area of real-time market datafeeds. In particular, the Commission will investigate whether customers or competitors are prevented from (...)

The New York Attorney General files a complaint alleging that the leading microprocessors manufacturer violated Section 2 of the Sherman Act by engaging in a pattern of illegal conduct intended to maintain its monopoly power and profits in the market for x86 microprocessors (Intel)
University College London
On November 4, 2009, Andrew Cuomo, the Attorney General of New York (AG), filed a complaint in Delaware District Court alleging that Intel Corporation (Intel) violated Section 2 of the Sherman Act and corresponding state antitrust statutes by engaging in a pattern of illegal conduct intended to (...)

The European Commission market tests commitments proposed by a leading software company to address allegations of tying an internet browser (Microsoft)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 7 October 2009, the Commission announced that it was beginning a market test of commitments offered by Microsoft to address allegations that it tied its web browser Internet Explorer with its client PC operating system. The move follows the publication of a Statement of Objections earlier (...)

The US District Court of SDNY dismisses antitrust claims raised by a distributor of compatible mainframe computers produced by the plaintiff (IBM/T3 Technologies)
Stanford University - Stanford Law School
U.S. District Court dismisses T3’s antitrust claims against IBM* On 30 September 2009 the U.S. District Court of S.D.N.Y. granted in International Business Machines Corp. v. Platform Solutions, Inc. and T3 Technologies, Inc. (No. 06 Civ. 13565(LAK)) IBM’s motion for summary judgment on antitrust (...)

The European Commission holds a public hearing on the US settlement with class of authors and publishers (Google Books Settlement)
Stanford University - Stanford Law School
European Commission holds public hearing on the “Google Books” US settlement* On 7 September 2009, the European Commission held an “information hearing” to establish the effect on the EU market of Google’s settlement with a US class of authors and publishers, which disputed steps taken by the (...)

The Portuguese Competition Authority adopts landmark decision concerning an abuse of dominant position case in the Internet broadband access markets (PT and ZON)
Luís Silva Morais & Associados
In the beginning of September, 2009, the Portuguese Competition Authority (hereinafter, ’ADC’) has adopted a decision concerning an important case of abuse of dominant position in the wholesale and retail markets for internet broadband access. This decision confirms the special attention that the (...)

The Italian Competition Authority starts investigation against the main IT operator for abuse of dominance on the online collecting advertisement market (Google Italy)
Codacons
Google Italy is an Italian company belonging to the US Google Group INC. It is active world-wide and it is the most popular engine search. Among others, Google provides also "Google News" and it gains the majority of its turnover from the collection and intermediation of advertisement on line . (...)

The Italian Competition Authority starts a proceedings against Google Italy for an alleged abuse of dominant position against Italian newspaper and magazines editors (Federazione Italiana Editori Giornali/Google Italy)
University Luiss Guido Carli - GRIF (Rome)
,
University Luiss Guido Carli - GRIF (Rome)
On the 26th August 2009 the Italian Competition Authority (the ICA) decided to start a proceedings against GOOGLE Italy (the Italian branch of the GOOGLE Group) for alleged infringement of article 82 of the EU Treaty (abuse of dominant position). The proceedings follows a complaint by the (...)

The Austrian Supreme Court does not automatically equate cartel law infringements with unfair competition law infringements (Law firm software)
Salzburg University
On 14 July, 2009, the Austrian Supreme Court ruled that cartel law infringements do not automatically qualify as unfair commercial practices under the Austrian Act against Unfair Competition. Background The plaintiff, a small-sized Austrian law firm software provider, brought an action for an (...)

The EU Commission publishes a non-confidential version of its decision on abuse of dominance in the x86 CPU market (Intel)
Stanford University - Stanford Law School
Commission publishes non-confidential version of its decision on Intel’s abuse of dominance in the x86 CPU market* On 21 September 2009, the Commission published a non-confidential version of its Intel decision, adopted on 13 May 2009, together with a summary of the key elements of the (...)

The European Commission fines a leading computer manufacturer for abuse of its dominant position (Intel)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 21 September 2009, the Commission published the non-confidential version of the Intel decision of 13 May 2009, and a summary of the decision was also published in the Official Journal of 22 September 2009. The materials confirm that the Commission has challenged two specific practices: (i) (...)

The European Commission fines a US semiconductor chip manufacturer for abuse of a dominant position (Intel)
European Commission - DG COMP (Brussels)
,
European Commission - DG COMP (Brussels)
,
European Commission - DG COMP (Brussels)
"Commission finds abuse of dominance in the Intel case"* I. Introduction On 13 May 2009, the European Commission concluded its Intel investigation by way of a formal Decision. The Commission found that Intel had abused its dominant position in x86 Central Processing Units (CPUs) by engaging (...)

The German Federal Court of Justice rules on antitrust defense to infringement of standards-related patents on the market for writeable optical media (Orange Book)
Stanford University - Stanford Law School
German Federal Court of Justice rules on antitrust defense to infringement of standards-related patents* On 6 May 2009 the German Federal Court of Justice handed down a landmark judgment (KZR 39/06 – Orange-Book-Standard) concerning the use of the competition law defense regarding compulsory (...)

The European Commission removes the trustee provisions from a 2004 decision (Microsoft)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 4 March 2009, the Commission announced that it had adopted a Decision removing the Trustee provisions from the 2004 Microsoft Decision and repealed the subsequent 2005 Trustee Decision which was adopted on the basis of the 2004 Decision. According to the Commission, it found that the Trustee (...)

The European Commission confirms sending new statement of objections against a leading software company (Microsoft)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
The Commission has issued a press release confirming that it has sent a new Statement of Objections to Microsoft on 15th January 2009 which takes the preliminary view that Microsoft has tied its web browser Internet Explorer to Windows in violation of Article 82 EC. According to the (...)

The Korean Fair Trade Commission plans to strenghten enforcement against abuse of intellectual property rights by IT and pharmaceutical companies
Jones Day (Beijing)
,
Winston & Strawn (New York)
,
Jones Day (Tokyo)
On December 18, 2008, the primary competition law agency of Korea, the Korea Fair Trade Commission (« KFTC »), submitted to the President of Korea the KFTC’s business plan for 2009. Among other priorities, the KFTC stated that it plans to « strengthen enforcement against abuse of intellectual (...)

The European Commission sents a supplementary statement of objections to a leading computer manufacturer (Intel)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 17 July 2008, the Commission confirmed that it sent a supplementary Statement of Objections to Intel. This supplementary SO is said to reinforce the initial SO and also identify the Commission’s preliminary conclusion that Intel has engaged in three additional elements of abusive conduct. (...)

A US Court of Appeals sets aside FTC’s order holding that the Agency failed to prove antitrust violation in the computer memory industry (Rambus)
Skadden, Arps, Slate, Meagher & Flom (Washington)
,
Skadden, Arps, Slate, Meagher & Flom (New York)
On April 22, 2008, the U.S. Court of Appeals for the District of Columbia Circuit held in Rambus Inc. v. FTC, No. 07-1086, that the FTC failed to prove that Rambus Inc. violated antitrust law when it participated in a trade organization’s setting of industry technology standards without (...)

A US Court of Appeals overturns an FTC’s ruling in the computer memory market for failing to prove unlawful monopolization (Rambus)
Akin Gump Strauss Hauer & Feld (Washington)
,
Winston & Strawn (New York)
,
Winston & Strawn (New York)
The Court of Appeals for the District of Columbia Circuit has overturned the Federal Trade Commission’s ruling against Rambus, Inc. (“Rambus”), finding that the Commission did not prove that Rambus’s failure to disclose certain intellectual property interests to a standard-setting organization (...)

The European Commission imposes penalty payment of € 899 M for alleged non-compliance with a 2004 decision (Microsoft)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 27 February 2008, the Commission announced that it had imposed a penalty payment of € 899 million on Microsoft for its alleged failure to comply with obligations contained in the Commission’s March 2004 decision. In particular, the Commission stated that Microsoft had charged unreasonable (...)

The Turkish Competition Board rejects a consumer complaint alleging restriction of competition on the market for PC operating systems and application software (Duzgit v HP, Teknosa and Penta)
University of Leeds
On 8 November 2007 the Turkish Competition Board (TCB) rejected a complaint by a consumer alleging the restriction of competition on the Turkish market for PC Operating Systems (OSs) and application software. The complainant had alleged that the consumer’s request to install another OS onto the (...)

The European Court of First Instance, in upholding the Commission’s decision on abuse of dominant position of the PC operating systems, turns back the clock (Microsoft)
Linklaters (London)
,
University of Cambridge
Overview In its 2004 decision, the Commission concluded that Microsoft had committed two types of abuse which where both related to the dominant position which it held through Microsoft Windows in the PC operating systems market: first, the Commission held that Microsoft had failed to supply (...)

The European Court of First Instance partially upholds the Commission’s decision concerning an abuse of a dominant position in the PC operating system (Microsoft)
European Commission - DG COMP (Brussels)
,
FTI Consulting (Brussels)
,
Belgian Competition Authority (Brussels)
"The judgment of the Court of First Instance in the Microsoft case"* I. The 2004 Decision On 24 March 2004, the Commission adopted a decision pursuant to Article 82 EC concluding that Microsoft had abused its dominant position in the PC operating system market by (i) refusing to provide (...)

The Turkish Competition Authority condemns the use of a software database encryption as an abuse of dominance (Bilsa)
University of Sussex
This study focuses on the decision of the Turkish Competition Authority (“TCA”) regarding Bilsa, who was found to have abused its dominant position on the market for school management software by the use of a software database encryption which made the user schools dependent to Bilsa’s products (...)

The Paris Court of Appeal rules that cybersquatting infringes free competition principle (Hôtels Méridiens)
Aklea
,
A Turquoise (Paris)
,
Gordon S. Blair Law Offices
A cybersquatting case having given rise to a litigation between Hôtels Méridiens and a company providing Internet domain names (thereinafter “The Online Player” or “The OP”) gave the Paris Court of Appeal a new opportunity to render a judgement concerning the necessary complementary nature of the (...)

The Belgian Competition Council orders an ICT company to disclose proprietary information over its electronic network (CRM/Portima)
Liege Competition and Innovation Institute
,
Unibet (London)
I. Parties Portima is an ICT company which provides electronic network and software services to insurance companies and brokers. Computer Ressource management (“CRM”) is a rival company which develops secured information exchange softwares for insurance companies and brokers. II. Facts (...)

The Cyprus Competition Authority dismisses a complaint filed by a consumer against the Cyprus Telecommunications Authority for abuse of dominance on the Internet services market (Philippides/CYTA)
International Transport Forum
On 26 June 2006 the Cyprus Commission for the Protection of Competition (C.P.C.) dismissed a complaint filed by Mr. Alexis Philippides, a consumer and client of the Cyprus Telecommunications Authority (CYTA), against the latter for abuse of dominance in the market of Internet connection (...)

The European Commission imposes a penalty payment pursuant to Article 24(2) of Regulation 1/2003 (Microsoft)
European Commission - DG COMP (Brussels)
,
European Commission - DG COMP (Brussels)
,
European Parliament (Brussels)
"Commission imposes a penalty payment pursuant to Article 24(2) of Regulation 1/2003 on Microsoft"* 1. Introduction On 12 July 2006 the Commission adopted a decision to levy a penalty payment of EUR 280.5 million on Microsoft for continued non compliance with the Commission Decision of 24 (...)

A US Court of Appeals confirms the dismissal of antitrust claims related to an alleged loss of competitive technologies being deemed so diffuse that it could not possibly be adequately measured (Kloth / Microsoft)
Sheppard Mullin (San Francisco)
Indirect Purchaser and Remoteness Doctrines Barred Antitrust Claims Against Microsoft by End-User Software Licensees* A question arising from end-user license agreements ("EULAs"), which accompany applications software programs that have been preinstalled on personal computers, is whether they (...)

The Slovak Competition Authority fines telecommunications company for margin squeezing in virtual private network market (Slovak Telecom)
Norton Rose Fulbright (London)
,
Rentsch Legal
Slovak Telecom (“ST”) was fined SKK 80,000,000 for margin squeezing in the Virtual Private Network services (VPN) market due to its dominant position in the upstream leased private lines market in which it had no competitors. The decision was based on ST’s practice in one particular tender for VPN (...)

The European Court of First Instance rejects US software company’s request for interim measures (Microsoft)
European Commission - DG COMP (Brussels)
,
European Commission - DG COMP (Brussels)
,
European Commission - DG COMP (Brussels)
"The Court of First Instance rejects Microsoft’s request for interim measures concerning the Commission’s decision of 24 March 2004"* 1. The decision On March 24 2004, the Commission adopted a decision in Case COMP/C-3/37.792 — Microsoft — by which it concluded that Microsoft had abused its (...)

The French Competition Authority dismisses a complaint regarding alleged anticompetitive practices in the sectors for Internet music downloads and digital walkmans (Apple Computer France)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Internet music downloads - The Conseil dismisses VirginMega’s complaint against Apple, due to insufficient evidence in view of the case elements available.* On 28th June 2004, the Conseil de la concurrence (...)

The European Commission adopts a decision in a case concerning the abuse of a dominant position by a leading US provider in the PC operating systems (Microsoft)
European Commission - DG COMP (Brussels)
,
European Commission - DG COMP (Brussels)
,
Ocean Breeze GmbH & Co
"Commission adopts Decision in the Microsoft case"* 1. Introduction On March 24 2004, the Commission concluded its Microsoft investigation by way of a formal Decision. This brought to an end proceedings which had lasted just over five years. The Commission found that Microsoft had abused its (...)

The European Commission condemns leading US software company for abuse of a dominant position in the market for client PC operating systems, ordering to grant compulsory license to competitor (Microsoft, Sun Microsystems)
White & Case (Brussels)
This article analyses the three major recent cases dealing with the boundary between EC competition law and intellectual property rights: the Commission’s interim measures decision in the IMS case, the European Court of Justice’s later judgment in IMS and, finally, the Commission’s decision in the (...)

The European Commission closes probe into computers manufacturer’s licensing terms for speech recognition engines (IBM)
European Commission - DG COMP (Brussels)
"Commission closes probe into IBM’s licensing terms for speech recognition engines"* In June 2002, the European Commission decided to close an investigation triggered by a complaint from UK voice recognition software company, AllVoice Computing plc, against IBM Corp., after the latter agreed to (...)

The European Commission accepts formal commitments from Israeli-based producer of firewall and virtual private network (VPN) software regarding its distribution practices (Checkpoint)
European Commission - DG COMP (Brussels)
"Commission accepts formal undertaking from Check Point regarding its distribution practices"* In June 2001, the Commission received a complaint from Stonesoft Corporation, a Finnish software company, against Check Point Software Technologies, an Israeli-based producer of firewall and virtual (...)

Regulations

The French Competition Authority issues an opinion pointing out some competition concerns in the newly opened online gambling markets (Opinion on online gambling)
French Competition Authority (Paris)
In an opinion issued seven months after the law entered into force, the French Competition Authority pointed out that some practices could give rise to anticompetitive issues: the betting right agreements signed between operators and sport event organizers should be regulated to ensure a fair (...)

The French Competition Authority issues recommendations in order to ensure adequate competition in the sector of online betting and gambling
EDHEC Business School
Further to a request in relation to the gambling and betting market, made by the European Gaming and Betting Association (EGBA) under article L. 462-1 of the French Code de commerce, and regarding French statute n° 2010-476, which regulates online betting and gambling, the French Competition (...)

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