Abstract

Probably the only good news about the CFI decision on the EU Microsoft case is that a nine-year saga has been finally put to rest. However, the rationale adopted by the CFI appears even more problematic than the (already quite acrobatic) decision issued by the Commission in 2004. This short paper analyzes some of the key features of the CFI decision, including the application of the Magill/IMS case, the concept of interoperability, the new product screen and the complex interaction between antitrust scrutiny and the "normal exercise" of IPRs. What emerges is a rather worrying scenario, and most importantly a drastic U-turn for those who expected Community antitrust law to evolve towards a "more economic approach".