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The path is now clear for preowned software reseller ValueLicensing’s market abuse case against Microsoft to go ahead.

The tech giant’s attempts to rely on copyright issues to escape a major abuse of dominance case has failed.

"Judgment was handed down by the Court of Appeal on 7th July in Microsoft’s appeal from two rulings of the Competition Appeal Tribunal (CAT) in JJH Enterprises Ltd v Microsoft Corp & Ors, where Matthew Lavy KC acted for the Respondent, JJH Enterprises (trading as ValueLicensing)."

3PB’s specialist intellectual property barrister Mark Wilden Mark Wilden Call: 2018 acted again for, in this case the successful respondent, JJH Enterprises (trading as ValueLicensing), in two appeals brought by Microsoft against decisions of the Competition Appeal Tribunal (CAT) for which judgment was handed down yesterday.

The UK Court of Appeal has handed down a judgment dismissing two appeals brought by tech giant Microsoft against second-hand software reseller JJH Enterprises, trading as ValueLicensing. The ruling firmly establishes the jurisdiction of the Competition Appeal Tribunal (CAT) over complex intellectual property disputes embedded within antitrust claims and clarifies the boundaries of digital copyright exhaustion in Europe.