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Interestingly, in its June 2021 Product Terms, Microsoft has removed a requirement that ValueLicensing has said is anti-competitive, in its claim against Microsoft. ValueLicensing’s case is that Microsoft is still engaged in other forms of anti-competitive conduct in relation to pre-owned software sales.

ValueLicensing has now served its claim on (1) Microsoft Corporation in Washington State and (2) on Microsoft Ireland Operations Limited in Dublin after the Commercial Court granted permission to serve the claim out of the jurisdiction, and (3) on Microsoft Limited in the United Kingdom

Brick Court Chambers is one of the leading sets of barristers’ chambers in the UK, having a strong reputation for Commercial, EU/Competition and Public Law. In addition to providing specialist expertise in each of those areas of law, we are uniquely placed to handle cases involving more than one field.

Microsoft has signed a fresh Memorandum of Understanding with the UK government to sell cloud services and biz apps at pre-agreed discounts amid accusations it is stifling the resale of excess on-premises software licences in the public sector.

This a claim for the damages and other relief caused by the breaches by the Defendants ("Microsoft") of section 18 and/or 2 of the Competition Act 1988, Arts 102 and/or 101 of the Treaty on the Functioning of the European Union, and/or Arts 54 and/or 53 of the Agreement on the European Economic Area.