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Andreangeli, Arianna --- "Tying, Technological Integration and Article 82 EC Treaty: Where do we go after the Microsoft Case?" [2010] ELECD 482; in Rubini, Luca (ed), "Microsoft on Trial" (Edward Elgar Publishing, 2010)

Book Title: Microsoft on Trial

Editor(s): Rubini, Luca

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848442443

Section: Chapter 10

Section Title: Tying, Technological Integration and Article 82 EC Treaty: Where do we go after the Microsoft Case?

Author(s): Andreangeli, Arianna

Number of pages: 26

Extract:

10. Tying, technological integration
and Article 82 EC: where do we go
after the Microsoft case?
Arianna Andreangeli*

1. INTRODUCTION

The CFI judgment in the Microsoft case1 constitutes a high profile
example of the impact of the EU antitrust rules on dominant undertakings
operating in innovative industries and raises important questions on the
suitability of the current legal framework governing cases of tying under
Article 82 of the EC Treaty to examples of technological integration in the
software market.2 This chapter examines some of these issues and consid-
ers whether it would be feasible for the Commission and the EU courts to
develop a different and perhaps more flexible approach to these practices.
After illustrating the EC rules governing `classic' tying and analysing
the position adopted by the Microsoft judgment, this chapter will consider
the current approach of the US courts to technological integration in new
economy markets and compare it with that applied by the CFI. It will
argue that although this case dealt with the conduct of a `super-dominant'
company and its conclusions may not therefore be easily extended to other
sets of facts, it could create uncertainty as to the suitability of the existing
rules for tying in `novel' industries. Thereafter, this chapter will speculate


* Many thanks are owed to Dr Amanda Warren-Jones for the many discus-
sions on these issues and to Prof. Alison Jones of King's College, London, for her
feedback. An earlier version of this chapter was presented at the ...