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Evidence handed over by Microsoft supports allegations that it unlawfully restricted customers from reselling software licences as company “policy” before formally instituting it as a licensing condition, justifying a new round of disclosure, the UK’s Competition Appeal Tribunal has heard.

ValueLicensing has urged the UK’s Competition Appeal Tribunal to strike out key defence arguments raised by Microsoft in a £270 million standalone damages claim because they “have no prospect of success” at trial. The UK-based software reseller asked the CAT during a case management conference today to strike out Microsoft’s claim that its allegedly anticompetitive conduct was justified to protect its intellectual property rights.

A fifth Case Management Conference will be listed on 24 February 2025. Microsoft have also been granted additional time to file and serve evidence in reply.

The legal saga involving reseller ValueLicensing, Microsoft, and perpetual licenses continued through 2024 and is set for trial in 2026. Jonathan Horley, CEO of UK reseller ValueLicensing, described the drawn-out process as "feeling like a child that's got to walk and go to school." Indeed, it'll be five years since The Register reported on case by the time it makes it to trial.

It is ordered that there shall be an initial trial to determine the issue of liability (the “Liability Trial”). Directions for CMC 5 have been listed; certain documents currently designated by the Defendants as Restricted have been re-designated as Confidential; and the order deals with costs relating to the applications.