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While the Competition Appeal Tribunal has extended the stay of the main proceedings pending Microsoft's proposed appeal to the Supreme Court, it has allowed ValueLicensing's outstanding disclosure and confidentiality applications to continue. Those applications are expected to be considered at a further Case Management Conference in September, meaning the case continues to move forward despite the stay.

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.