CASE COMMENT: PROCEDURES - EC PROCEDURES - REMEDIES - IMPLEMENTATION

Remedies: The Cour of First Instance holds that an independent trustee may assist the Commission, but not personally monitor the implementation of a remedy (Microsoft)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The immediate outcome of the Microsoft case is generally positive for the European Commission, subject to an appeal. However, two procedural points should be noted which, because of their longer-term implications, could have a significant impact on the implementation of the competition rules by the Community executive. The first concerns the distribution of roles between the latter and his judge: it is a question of confirming the degree of control actually exercised over decisions to apply the rules on anti-competitive practices. This issue has already been mentioned in previous issues of this column and much discussed elsewhere. It should therefore be

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  • European Court of Justice (Luxembourg)

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Fabien Zivy, Remedies: The Cour of First Instance holds that an independent trustee may assist the Commission, but not personally monitor the implementation of a remedy (Microsoft), 17 September 2007, Concurrences N° 4-2007, Art. N° 14382, pp. 123-124

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