Health case could help out Microsoft appeal

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As I understand it...

the Commission withdrew its interim measures decision
against IMS Helath after the Frankfurt Higher Regional
Court found "IMS's competitors were able to develop their
own system for the collection of pharmaceutical sales data"
and "therefore, no longer any urgency in the matter
requiring the Commission's intervention".

I would be amazed if the Court concludes that developing
an alternative to MS protocols is as simple as IMS's "1860
bricks" structure or if the other circumstance cited as
reason for the EC withdrawal are common to the MS case.

Importantly the EC case was withdrawn. The German court
asked the ECJ for a preliminary ruling on the interpretation
of Article 82 of the Treaty. I'd be interested in reading the
result if someone has a link.

Read the EC decision by searching for
"l_26820031018en00690072.pdf".

Posted by: Richard Flude   Posted on: 03/24/04 You are currently: a Guest | Members login | Terms of Use

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