Antitrust Applied to ICT

Abstract

Chapter 6 analyses how Antitrust is applied to ICT, in order to grant access to so-called “essential facilities”, promote consumers’ welfare and enhance undertakings’ R&D investments. Our contentions are underscored by the recent Microsoft ruling. First the authors summarize the basic principles underlying Article 82 EC Treaty, and the way in which European antitrust authorities are trying to “reshape” it in order to achieve a more economic understanding of abusive practices, specifically refusals to deal. The the authors focus on the protection of IPRs, essential to the pivotal role ICT plays in our modern and developed world, and –closely linked to it- the consequences of this landmark case in incentives for innovation and investment. In addition to these, there is the always-present concern for consumers’ welfare, which of lately has become the cornerstone for antitrust decisions; which is also addressed here.