Refusing to be dominant - the Microsoft case and its implications
Refusal to license is one of the main areas of tension between IPRs and Article 102 TFEU, dealing with the problematic but important question of whether it is an abuse for a dominant undertaking to refuse to allow others to use its protected rights. The European Courts have, in a number of cases, decided that the refusal to supply/license may amount to an abuse of a dominant position. The last cas