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The Competition Appeal Tribunal has dismissed an application by ValueLicensing against Microsoft for summary judgment in respect of certain defences by Microsoft in the ongoing proceedings concerning alleged breaches of competition law in relation to the selling of pre-owned software licenses. The defences under Article 101(3) TFEU / objective justification are part of Microsoft’s broader defence to ValueLicensing’s claim, and secondary to Microsoft’s position that there was no infringement in the first place. The application for summary judgment was dismissed in a unanimous judgment of the full Tribunal.
The judgment is available here.
Nikolaus Grubeck and Kristina Lukacova acted for Microsoft, instructed by CMS.