University of Florida Levin College of Law UF Law Scholarship Repository Faculty Publications Faculty Scholarship 1-1-2008 Bargaining in the Shadow of the European Microsoft Decision: The icrM osoft-Samba Protocol License William H. Page University of Florida Levin College of Law,
[email protected] Seldon J. Childers Follow this and additional works at: http://scholarship.law.ufl.edu/facultypub Part of the Antitrust and Trade Regulation Commons, and the Computer Law Commons Recommended Citation William H. Page & Seldon J. Childers, Bargaining in the Shadow of the European Microsoft Decision: The Microsoft-Samba Protocol License, 102 Nw. U. L. Rev. Colloquy 332 (2008), available at http://scholarship.law.ufl.edu/facultypub/207. Also available at http://www.law.northwestern.edu/lawreview/colloquy/2008/16/ This Article is brought to you for free and open access by the Faculty Scholarship at UF Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of UF Law Scholarship Repository. For more information, please contact
[email protected]. Copyright 2008 by Northwestern University School of Law Vol. 102 Northwestern University Law Review Colloquy BARGAINING IN THE SHADOW OF THE EUROPEAN MICROSOFT DECISION: THE MICROSOFT- SAMBA PROTOCOL LICENSE William H. Page * & Seldon J. Childers ** INTRODUCTION On March 24, 2004, the European Commission (EC) held that Micro- soft had abused its dominant position under Article 82 of the European Community Treaty 1 by, among other actions, refusing Sun Microsystems’ request for information that Sun needed to interoperate with Windows workgroup server products. 2 The EC ordered Microsoft to disclose “com- plete and accurate specifications for the protocols used by Windows work group servers in order to provide file, print, and group and user administra- tion [i.e., directory] services to Windows work group networks.”3 On Sep- tember 17, 2007, the European Court of First Instance (CFI) affirmed the EC’s liability ruling and its remedial order.