Out-Law / Your Daily Need-To-Know

The European Commission last week confirmed that its own investigation into possible breaches of competition law by Microsoft will continue and stressed that it is factually and legally separate from the US case, according to a report by news agency Reuters.

Last Thursday, the Court of Appeals in Washington DC overturned an order of June 2000 which would have divided Microsoft into two companies following the lower court's finding that Microsoft had abused its monopoly position.

However, the Court of Appeals unanimously upheld the finding that Microsoft was a monopoly that acted illegally in trying to maintain its dominance in PC operating systems. Although the penalty is likely to change, opinion is split as to whether or not Microsoft is now in a better position. Chairman Bill Gates has said he wants to settle the case.

In August 2000, the European Commission announced its intention to investigate Microsoft's possible abuse of its dominant position. A spokeswoman told Reuters that the Commission is presently studying the US ruling.

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