Case T- 79/12 Cisco Systems and Messagenet v Commission (merger clearance) [Archived]
Case T- 79/12 Cisco Systems and Messagenet v Commission (merger clearance) [Archived]

The following Competition guidance note provides comprehensive and up to date legal information covering:

  • Case T- 79/12 Cisco Systems and Messagenet v Commission (merger clearance) [Archived]
  • Case facts
  • Timeline
  • Commentary
  • Relevant cases

CASE HUB

ARCHIVED–this archived case hub reflects the position at the date of the judgment of 11 December 2013; it is no longer maintained.

See further: timeline, commentary and relevant cases.

Case facts

Outline Appeal by Cisco Systems and Messagenet against the Commission clearance decision of 7 October 2011 approving (without conditions) Microsoft Corporation's acquisition of Skype.

Parties Applicants:
• Cisco Systems Inc
• Messagenet SpA 

Defendant: European Commission

Background On 7 October 2011, the Commission cleared (without conditions) Microsoft's acquisition of Skype. Microsoft is primarily active in the design, development and supply of computer software, operating systems and related services while Skype provides communications services (instant messaging, voice, and video communication) over the Internet.

The Commission concluded that:
• the acquisition did not raise competition concerns as the parties' activities mainly overlapped in the video communications market(s) in which there are numerous players active; and
• Skype had a limited market presence in enterprise communications and did not compete directly with Microsoft's enterprise communication product.

The Commission also examined conglomerate effects, particularly the possibility for Microsoft:
• to degrade Skype's interoperability with competing services; and
• tie its own products, particularly its Windows operating