NEWS & ANALYSIS

EU Commission initiates formal investigations against IBM in two cases of suspected abuse of dominant market position

by Directorate General for Competition of the European Commission

(26 July, 2010)

The European Commission has decided to initiate formal antitrust investigations against IBM Corporation in two separate cases of alleged infringements of EU antitrust rules related to the abuse of a dominant market position (Article 102 TFEU). Both cases are related to IBM's conduct on the market for mainframe computers. The first case follows complaints by emulator software vendors T3 and Turbo Hercules, and focuses on IBM's alleged tying of mainframe hardware to its mainframe operating system. The second is an investigation begun on the Commission's own initiative of IBM's alleged discriminatory behaviour towards competing suppliers of mainframe maintenance services.

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Tuesday
Apr062010

Roger Bowler Responds to IBM Patent Attack on Open Source

Roger BowlerBy Roger Bowler, Creator of Hercules and Co-founder of TurboHercules

(Posted in News & Blogs section of turbohercules.com on 6 April, 2010)

As many of you know, the company I founded to promote the Hercules open source mainframe emulator, TurboHercules SAS, has filed an antitrust complaint against IBM with the European Commission in Brussels. We are not asking that IBM be subjected to punishing fines or anything like that. We simply want IBM to agree to allow legitimate paying customers of its z/OS mainframe operating system to deploy that software on the hardware platforms of their choice – including, should they so choose, on low-cost servers using Intel or AMD microprocessors and Hercules.

I want to make clear that we undertook this action reluctantly, and only after a long period of reflection during which we reached out to IBM to see if there was some way to resolve our differences amicably. I regret to report that IBM rebuffed our efforts at conciliation, and even added fuel to the fire by launching accusations against Hercules. I would like to take this opportunity to respond to some of those charges.

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Reader Comments (1)

z390.org implemented NEW System/Z z196 on x86 & x64 in JAVA on win & Linux or any other J2SE platform in Dec of 2010

When I implemented NEW System/Z z196 on x86 & x64 in z390 HLASM & zCOBOL w/DB2 Express-C in Early 2010

My CLOUD was deployed/tested z390 HLASM & zCOBOL NEW System/Z z196 on x86 on CloudShare Pro in Dec 2010/Jan 2011

Sort of THROWS all this OUT the DOOR does it not...

Next thing people will say they did IT

roger it was a valent effort;

but we need to move forward with post haste;

so will say they DID it; we know best; all the late night's

January 21, 2011 | Registered CommenterJames Cray
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