Microsoft - the latest in Europe

Fall out continues from the EC Commission's decision regarding abuse of a dominant position, Microsoft's source code and control of information. Microsoft have offered to share its communications protocols source code - however, it is not yet clear whether this will resolve all the Commission's concerns regarding non compliance with the remedies part of its ruling. Similiar initiatives in the US seem to have run into difficulty. As ever, the Register is a useful source of information on this topic - also interesting is the Microsoft website http://www.microsoft.com/mscorp/legal/eudecision/

Apart from concerns about the ability of the Commission to make orders of the type it made, and the willingness of Microsoft to co-operate, this long running saga is indicative of the problems which will continue to be faced even if competition law can successfully be relied upon to challenge, or fetter, an IP right. A finding of abuse, imposition of a compulsory license at royalty to be agreed, or requirement of sharing are not the end of the road. While it can of course be said that such difficulties exist in any legal field, in situations where practical outcomes, such as access to information underpin the entire case, difficulties with implementation cannot be ignored. Seems like we've said this before. Anyone any ideas?