Microsoft. V. European Commission Case And Enlightenment

September 17, 2007, the Court of First Instance has made the Judgment of Case Microsoft Corp. v Commission of the European Communities, which attracted the attention of all sectors. The Judgment basically affirmed the decision of the European Commission on the Microsoft case in April 2004. The Judgment confirmed that Microsoft Corp abused its dominant position by engaging in two separate types of conduct: the refusal to supply the interoperability information and the bundling of the Windows client PC operating system and Windows Media Player. This paper pointed out that the essence of Microsoft abusing its dominant position in the market is the abusing its intellectual property rights in order to exclude and limit competition. This paper first to analysis the case, and on this basis, draw inspiration, point out and analysis such problems of multinational companies in China, and then make recommendations of the legislation and enforcement to improve the anti-monopoly law regulating the acts of transnational corporations abusing its intellectual property rights to excluding and limiting competition.In structure, the paper is divided into six parts except for the preface and the conclusion, and it is as follows:Part 1, describe the cases, and analysis of the impact of the case, point out the problems of the abusing of intellectual property rights by transnational corporations;Part 2, analysis the relations between the protection of intellectual property rights and anti-monopoly law ,and the system model of the EU Anti-monopoly law regulating the abuse of intellectual property rights, ruled out that the abusing intellectual property rights to limit competition should be regulated by the anti-monopoly law;Part 3, analysis Microsoft's abuse of dominant market position under the general framework of the anti-monopoly law, and the four main aspects: First, the definition of the relevant market ;and the other is on Microsoft's abuse of a dominant position in the market ;third, analysis to Microsoft abuse dominant market position (the abuse of intellectual property rights), in this part, out of consideration the layout of the article, the analysis of Microsoft's two separate types of conduct put on Part IV andPart V; Fourth, The defenses may be objectively justified , analysis in light of EC competition law and the principle of reasonable exemption clause.Part IV, Microsoft's refusal to provide, with key facilities theory.Part V, the tying of Microsoft's illegal acts, with reasonable principles.Part VI, based on five parts of the article, analysis the abuse of intellectual property rights of multinational companies in China , proposed legislation and law enforcement about abuse of intellectual property regulated by anti-monopoly law. Mainly in four aspects: First, analysis the abuse of intellectual property rights of multinational companies in China; Second, the error of China's IPR protection; Third, about China's legislation status on abuse intellectual property rights regulated by anti-monopoly law; Fourth, the proposals to improve the relevant legislation and law enforcement and to the business community.