The Interaction between Antitrust and Intellectual Property: the Interoperability Issue in the Microsoft Europe Case
نویسنده
چکیده
The present work analyzes the interaction between antitrust policy and intellectual property protection, with particular reference to the cases of refusal to supply, when it concerns ideas or inventions protected by an IP right. For this purpose, the paper preliminarily discusses the governing principles of antitrust policy on abuse of dominance and refusal to deal, as they have been implemented in the decisions of the EU Competition Authority, and it presents the specific issues related to the implementation of antitrust policy in the innovative industries. Then, the paper examines in particular the Microsoft Europe Case, as decided by the European Commission in 2004, focusing on the issue of the interoperability between the operating systems for personal computers and the operating systems for work group servers. The theoretical model, developed as an extension of the framework proposed by Choi and Stefanadis (2001) to the case of refusal to deal, suggests an explanation of the case, alternative to the one adopted by the Commission, if not necessarily in the final outcome of the decision, at least in the analytical arguments and in the dynamics of the market structure. In particular, we show that the refusal to supply the compatibility between the two complementary products was determined not only by the intention to leverage its dominant position to the adjacent market of server operating systems, but especially by the concern for keeping the monopoly on its core market, that is the one of PC operating system, given the future evolution of the software market, due to the diffusion of cloud
منابع مشابه
Sorrows of Old Antitrust
At the intersection between intellectual property protection and antitrust, the Microsoft case has now become a synecdoche, a part for the whole: the browser war has indeed evolved as a marginal skirmish that should be interpreted in the light of a more general IPR war. The paper describes the peculiar aspects and the questions that remain unsolved in the Microsoft case and points at the hidden...
متن کاملNecessity of Criminal Protection of Intellectual Property Rights with a View to its Moral Basis
Background: For several centuries, there has been a debate about the dimensions of intellectual property to support the thinkers of society and prevent their exploitation. Unfortunately, this invisible and powerful asset is increasingly vulnerable. Therefore, establishing favorable regulations, guaranteeing proper criminal enforcement and effective enforcement of laws in order to protect these ...
متن کاملIntellectual Property Rights and Antitrust Policy: Four Principles For A Complex World
Intellectual property law and antitrust policy interact in several important ways. Antitrust policy can shape the nature and value of intellectual property rights by placing restrictions on the acquisition of intellectual property, refusals to deal, and the terms adopted in licensing agreements. Moreover, antitrust policy affects the nature of product-market competition, which in turn affects t...
متن کاملAntitrust and the Competitive Structure of the U
National antitrust policies have potentially profound effects on global competitiveness of individual industries. Public policy interventions affecting organizational arrangements within industries, enforcement of commodity standardization, and price competition, as well as the regulation of intellectual property rights, are the major tools by which Government executes antitrust policies. This ...
متن کاملذخیره در منابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
عنوان ژورنال:
دوره شماره
صفحات -
تاریخ انتشار 2010