European Antitrust Commission clears IBM of emulator market abuse complaints

The European Antitrust Commission has cleared IBM of allegations of anti-competitive practices stemming from complaints that the company had abused a dominant position in its mainframe business.

The European Antitrust Commission has cleared IBM of anti-competitive practices in its mainframe business.

In August 2011, the European Antitrust Commission informed IBM of its concerns that the company may have abused a dominant position in breach of Article 102 of the Treaty on the Functioning of the EU and Article 54 of the European Economic Area (EEA) agreement by imposing unreasonable supply conditions for certain inputs to competing suppliers of mainframe maintenance services.

IBM was accused by software company T3 and Turbo Hercules, which produce IBM mainframe emulators, and a related later complaint by Neon Enterprise Software. "Following an in-depth investigation of these allegations, the Commission has decided to close these proceedings. The three complaints have been withdrawn," the European Antitrust Commission stated.

IBM has agreed to publish availability of certain spare parts and technical information to third-party maintainers, on reasonable and non-discriminatory terms and conditions over a period of five years.

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