Microsoft on trial: Legal and Economic analysis of a transatlantic antitrust case by Luca Rubini. July, 2010.
THE ELUSIVE ANTITRUST STANDARD ON BUNDLING IN EUROPE AND IN THE UNITED STATES IN THE AFTERMATH OF THE MICROSOFT CASES: Allegations of anticompetitive tying and bundling were significant parts of the antitrust cases against Microsoft in the United States and the European Union. The facts are well known. Starting with the integration of MS-DOS to Windows and the introduction of Windows XP, Microsoft has progressively produced and added to the Windows operating system a number of applications, such as its Web browser, Internet Explorer (which was included in Windows 95 in 1995), and Windows Media Player (WMP), which was integrated to Windows ME in 2000. Microsoft’s policy of integrating new functionalities to the Windows operating system has been challenged by both the U.S. and the European antitrust authorities. 2009
A Critical Appraisal of Remedies in the EU Microsoft Cases. We discuss and compare the remedies in the two cases antitrust cases of the European Union (EU) against Microsoft. The first EU case alleged (i) that Microsoft illegally bundled the Windows Media Player (WMP) with Windows; and (ii) that Microsoft did not provide adequate documentation that would allow full interoperability between Windows servers and non-Microsoft servers as well as between Windows clients and non-Microsoft servers. After finding Microsoft liable and imposing a large fine, the EU imposed as remedies the requirements on Microsoft (i) to sell a version of Windows without WMP (Windows-N); and (ii) to publish and license interoperability information. December, 2009.