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Article 82: is technological integration checkmated?

Article 82: is technological integration checkmated?
Article 82: is technological integration checkmated?
This paper investigates the Commission and the EC Courts' approach to the special form of tying, technological integration under art 82 of the EC Treaty in the light of the EC Microsoft case. Case law and the Commission's recent Guidance on art. 82 offer a rigid view of technological integration treating it as almost per se illegal. Based on an economic assumption that tying and in particular technological integration can bring forth pro-competitive effects, the paper assesses case law to identify whether there is scope for a more lenient treatment of technological integration that matches the economic findings.
0021-9460
354-375
Schmidt, Hedvig
79ee57ca-7da9-43ea-93bc-2c3ad29e714a
Schmidt, Hedvig
79ee57ca-7da9-43ea-93bc-2c3ad29e714a

Schmidt, Hedvig (2009) Article 82: is technological integration checkmated? Journal of Business Law, (4), 354-375.

Record type: Article

Abstract

This paper investigates the Commission and the EC Courts' approach to the special form of tying, technological integration under art 82 of the EC Treaty in the light of the EC Microsoft case. Case law and the Commission's recent Guidance on art. 82 offer a rigid view of technological integration treating it as almost per se illegal. Based on an economic assumption that tying and in particular technological integration can bring forth pro-competitive effects, the paper assesses case law to identify whether there is scope for a more lenient treatment of technological integration that matches the economic findings.

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Published date: 2009

Identifiers

Local EPrints ID: 142785
URI: http://eprints.soton.ac.uk/id/eprint/142785
ISSN: 0021-9460
PURE UUID: b3bf2cf5-ebf5-4de5-aabb-200d9dd0e7ce
ORCID for Hedvig Schmidt: ORCID iD orcid.org/0000-0002-0549-1377

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Date deposited: 01 Apr 2010 10:51
Last modified: 11 Dec 2021 04:08

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