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Jurisdiction(s):
United Kingdom
Key definition
Interoperability definition

What does Interoperability mean? Interoperability describes the ability of different networks, systems, software and customer equipment to work together so a communications or digital service operates end-to-end in a consistent, predictable way across interconnected providers. In UK and Irish telecoms regulation the concept is recognised and underpins obligations on interconnection, access and standards. In the UK it features within the Communications Act 2003 framework and Ofcom’s General Conditions; in Ireland it is reflected in the European Electronic Communications Code and ComReg measures. Product rules for terminal and radio equipment also address interoperability. The term is likewise used descriptively in contracts, procurement, data and IT, and...

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EU General Court upholds Microsoft/Skype merger clearance; Cisco and Messagenet appeal dismissed; high market shares in dynamic technology markets not decisive; interoperability and conglomerate foreclosure concerns rejected

Practice notes
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CASE HUB ARCHIVED

This archived hub sets out the position as at the judgment dated 11 December 2013 and is no longer maintained today. See also: the timeline, commentary and related cases for reference.

Case facts Outline

Appeal brought by Cisco Systems and Messagenet against the European Commission’s 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 authorised, without conditions, Microsoft’s purchase of Skype. Microsoft is primarily engaged in the design, development and supply of computer software, operating systems and related services, while Skype delivers communications services over the internet, including instant messaging, voice and video communication. The Commission found that:

  • the transaction did not give rise to competition concerns, as the parties’ overlap was chiefly in video communications markets where numerous players are already active; and
  • Skype’s presence in enterprise communications was limited and it did not compete directly with Microsoft’s enterprise communication product...
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Web page updated on 21/05/2026

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