CASE COMMENTS : PROCEDURES – ABUSE OF DOMINANT POSITION – TELECOMMUNICATION - PERIODIC PENALTY

Penalty: The General Court reduces slightly the amount of a fine imposed in 2008 (Microsoft)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Trib. EU, 27/6/2012, Microsoft v Commission, Case T-167/08 The judgment of the Court of First Instance of 27 June 2012 is the epilogue of the 'Microsoft case', which began almost 14 years earlier. This judgment provides several clarifications on the concept of periodic penalty payment, envisaged in Article 24 of Regulation No 1/2003, a field which is still little explored by the case-law. The most fertile ground in this area is "default for default". The Court has thus clarified that a periodic penalty payment is a form of sanction which must be determined according to the degree of persuasion necessary for the defaulting Member State to change its

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  • European Court of Justice (Luxembourg)

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Pascal Cardonnel, Penalty: The General Court reduces slightly the amount of a fine imposed in 2008 (Microsoft), 27 June 2012, Concurrences N° 4-2012, Art. N° 49421, pp. 145-147

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