A Study on Abuses of Dominant Position: Force on the Microsoft Case in EU

碩士 === 國立高雄大學 === 政治法律學系碩士班 === 98 === In Microsoft Case, it mainly discussed ”interoperability information” in the Windows operating systems and abuse of market power. Microsoft keeps offering software including Windows Media Player in the Windows client PC operation system. EU Competition Law c...

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Bibliographic Details
Main Authors: Chia - Ying Cheng, 鄭嘉瑩
Other Authors: Chen-Ching Chi
Format: Others
Language:zh-TW
Published: 2010
Online Access:http://ndltd.ncl.edu.tw/handle/12558707546278226155
Description
Summary:碩士 === 國立高雄大學 === 政治法律學系碩士班 === 98 === In Microsoft Case, it mainly discussed ”interoperability information” in the Windows operating systems and abuse of market power. Microsoft keeps offering software including Windows Media Player in the Windows client PC operation system. EU Competition Law considers undertakings illegal tying、interoperability information abusing their dominant positions. Article 102 of the Treaty on the Functioning of the Union is the regulation to forbid the behavior. The paper will study of dominant position、interoperability information and exclusionary conduct . When the computer software with dominant position asks to open“ interoperability information”, how should we say it owns market power and establish on the threshold ? The first part will try to find the questions and reasons about dominant position in Microsoft case. The second one will review the case in order to make an opinion. This study will review and analyze Microsoft case from the investigative report of Commission to the verdict of The Court of First Instance, and discuss the questions which the main two parts include.