Antitrust Victory

Steptoe & Johnson has won a major victory in the European Court of First Instance in Luxembourg against Microsoft Corporation. The case concerned the European Commission’s antitrust Decision (March 2004) that Microsoft had abused its dominant market position. Douglas Hilleboe and Craig Simpson of Steptoe’s Washington and Brussels offices  represented the Software & Information Industry Association (‘SIIA’) in the matter.

SIIA argued (in support of the European Commission) that the Court should reject Microsoft’s application to suspend two key requirements under the Decision: firstly, disclosure by Microsoft of information enabling competing server software to interoperate fully with Windows PCs and, secondly, marketing of a version of Windows without Media Player. 

On December 22 2004, the Court dismissed Microsoft’s application on the basis that it had not demonstrated that meeting these requirements would cause it ‘serious and irreparable harm’—an essential test for grant of interim measures. SIIA argued that both competitors and consumers were prejudiced by Microsoft’s anti-competitive actions and that both requirements needed to be implemented immediately to effectively restore competition to the relevant markets.

Steptoe will continue to represent SIIA in the underlying case, in which Microsoft is requesting the Court to annul the Commission Decision in its entirety.