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Richard Speed at The Register adds: “Microsoft has been the subject of several lawsuits and complaints. ValueLicensing, for example, took exception to an alleged choking off of pre-owned perpetual licenses thanks to contractual restrictions. The UK's Competition watchdog was also asked to take a close look at the company's practices following an Ofcom review that found Microsoft and AWS accounting for between 70 and 80 percent of the UK cloud infrastructure services market. The company was also the subject of a complaint from lobby group CISPE – a consortium of cloud infrastructure providers in Europe with a membership that includes AWS – over alleged discounting of its software when bundled with Azure.”
Third CMC Order shall be varied such that the Defendants shall, by 4:00pm on Friday 24 May 2024 provide to the Claimant disclosure by way of List of Documents in the relevant practice form, together with a disclosure statement verified by a statement of truth, and simultaneously electronic inspection of any documents falling within the categories set out in Annex A to the Third CMC Order
The Defendants shall release the contracts with amendments containing Custom Anti-Resale Terms referred to in a) their Statements of Case; and b) Witness Statements served to date on their behalf to the Claimant within seven days of this order being sealed by the Tribunal.
IT IS ORDERED BY CONSENT THAT: A. DISCLOSURE 1. The Defendants shall, by 4:00pm on 3 May 2024 provide to the Claimant disclosure by way of List of Documents in the relevant practice form together with a disclosure statement verified by a statement of truth and simultaneously electronic inspection of any documents falling within the categories set out in Annex A to this Order.
The CMA shall not be provided with the disclosure made between the other parties in these proceedings, but the CMA has liberty to apply for inspection of any such document.