Microsoft v Commission [2007] EUECJ T-201/04

Court of First Instance judgment (about 150 pages) in Microsoft: the EC abuse of dominance case.

According to the CFI's press notice (5 pages, PDF), the Court upheld all of the Commission's findings of infringement and the level of the fine, but modified the implementation of the server protocols remedy insofar as it relied on an independent monitoring trustee, as such a role has “no legal basis in Community law”:

The Court therefore annuls the decision in so far as it orders Microsoft to submit a proposal for the appointment of a monitoring trustee with the power to have access, independently of the Commission, to Microsoft's assistance, information, documents, premises and employees and to the source code of the relevant Microsoft products and in so far as it provides that all the costs associated with that monitoring trustee be borne by Microsoft.

For further information or advice please contact Franck Latrémolière.

Filed under Article 82, DG Competition, ECJ/CFI.

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