European Copyright Ruling Could Prove Salient In Microsoft Antitrust Case

Law360, New York (April 29, 2004, 12:00 AM EDT) -- A copyright ruling by the European Court of Justice could provide legal ammunition to Microsoft Corp. in its battle against European antitrust regulators.

On Thursday, the European Court of Justice ruled that the refusal by a company with a dominant market position to grant a license for copyright is not necessarily an abuse of its dominant position.

The court ruled that a refusal can only be regarded as abusive, among other criteria, if it is “capable of eliminating all competition on the relevant market.”

The court’s...
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