Global Competition Policy (GCP), January 2008, Release no. 2. GCP is a bi-weekly online magazine covering competition law, economics, and policy on the web at http://www.globalcompetitionpolicy.org/.
Article Abstract
The Court of First Instance's Microsoft decision provided the Court with an opportunity to express its views on several aspects of the current debate on the interpretation of Article 82 of the EC Treaty.
This short note focuses on the "refusal to deal" part of the decision to derive some conclusions on the advisability and the possibility for the European Commission to adopt guidelines on the enforcement of Article 82.
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Frederic Jenny is Professor of Economics at ESSEC Business School in Paris, Judge at the Supreme Court of France (Cour de Cassation), and Chairman of the OECD Competition Law and Policy Committee.
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