Economides, Nicholas; Lianos, Ioannis --- "The Quest for Appropriate Remedies in the EC Microsoft Cases: A Comparative Appraisal" [2010] ELECD 485; 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 13

Section Title: The Quest for Appropriate Remedies in the EC Microsoft Cases: A Comparative Appraisal

Author(s): Economides, Nicholas; Lianos, Ioannis

Number of pages: 70

Extract:

13. The quest for appropriate remedies
in the EC Microsoft cases:
a comparative appraisal
Nicholas Economides and Ioannis Lianos

1. INTRODUCTION

The Microsoft cases in the United States and in Europe have been influ-
ential in determining the contours of the substantive liability standards
for dominant firms in US antitrust law and in EC competition law. The
competition law remedies that were adopted, following the finding of
liability, seem, however, to constitute the main measure for the `success' of
the case(s). An important disagreement exists between those arguing that
the remedies put in place failed to address the roots of the competition
law violation identified in the liability decision and others who advance
the view that the remedies were far-reaching and that their alleged failure
demonstrates the weakness of the liability claim. This study evaluates these
claims by examining the variety of remedies that were finally imposed in
the EC Microsoft cases, from a comparative perspective. The study begins
with a discussion of the roots of the Microsoft issues in Europe and the
consequent choice of a remedial approach by the European Commission
and the European Court of First Instance (CFI). It then explores the
effectiveness of the remedies in achieving the aims that were set. The non-
consideration of the structural remedy in the European case and the pros
and cons of developing such a remedy in the future are briefly discussed
before more emphasis is put on alternative remedies (competition and
non-competition law ones) that ...