In recent years the problems of Microsoft Cases have been raised on competition law in the world. In the perspective of the comparative law, the judiciary and the competition authorities in many countries have given one after another judgments worthy ...
In recent years the problems of Microsoft Cases have been raised on competition law in the world. In the perspective of the comparative law, the judiciary and the competition authorities in many countries have given one after another judgments worthy of note in microsoft cases.
Microsoft cases are relevant to the various legal disputes, but the rule of ‘tying’ is the most important issue of them. For example, the District of Columbia Circuit, federal Court of appeals in U. S. A., has rejected the application of per se illegal to the conduct of Microsoft Corporatioin, to tie Internet Explorer with Windows Operating System on 28 June 2001, and given the possibility of approval of this conduct on Antitrust Law to Microsoft Corporation. But on the other hand European Commission in European Union has concluded, after a five-year investigation, that Microsoft Corporation broke European Union competition law by leveraging its near monopoly in the market for PC operating systems onto the market for media players on 24 March 2004.
At the present time, the conduct that Microsoft Corporation has tied Window Media Player and Instant Message Service(Messenger) with Windows Operating System has become the point at issue in Korea. An analysis of ‘Microsoft Cases’ in the perspective of comparative law is full of interesting suggestions to solve the problems of microsoft case in Korea and will contribute to the formation of the rule of tying in ‘Monopoly Regulation and Fair Trade Law’, competition law in Korea.