Archive for the ‘article 82’ tag
Microsoft Complies with European Comission for 2 Months
Longer than anyone thought, but still a poor showing nevertheless.
[From Microsoft kills Windows 7E, puts IE back in upcoming OS - Network World]
European Commission Imposes €1.06 billion Fine on Intel
The European Commission (EC) today imposed a €1.06 billion fine on the Intel Corporation for “abuse of a dominant market position . . . by engaging in illegal anticompetitive practices to exclue competitors from the market for computer chips called x86 central processing units.” The Commission futher ordered Intel “to cease the anticompetitive practices to the extent that they are still ongoing.”
According to the Commission, Intel engaged in a practice of providing substantial rebates to PC manufacturers who either used exclusively or predominantly Intel processors. The rebates themselves were not the basis for the fine, but “the conditions Intel attached to those rebates.”
The Commission also found that Intel made direct payments to manufacturers to delay the launch of products containing processors from rival AMD. This “pay-for-delay” scheme, the Commission finds, was directly aimed at preventing AMD from selling its product on the open market and thus violative of EU Law.
Microsoft Fine Upheld
The Court of First Instance (CFI) upheld the 2004 fine imposed by the European Commission today for an “abusing a dominant position” (Article 82 TEC). The Court upheld the previous decision holding that, once a dominant position is established, “the refusal by the holder of a dominant position to grant a licence may infringe Article 82 EC unless the refusal is objectively justified.” (Case T-201/04, para. 333). Microsoft will have to pay its € 497 million fine.
