In the field of the competition law, due to the lack of ex-ante regulation device, the European Commission sued Microsoft for abuse of dominant position, in that the company refused to disclose to its competitors certain information on interoperability and to allow the use for the development of competing products. The decision of sanction of the Commission of 24 March 2004 had established the abuse of dominant position by such behaviour and had chosen as a sanction the appointment of an independent trustee that can access the source code and ensure access to competitors. The Commission, by decision of 12 July 2006, accompanied the operative part of the decision by a penalty payment. The Court of first instance of the European Union, seized by Microsoft for annulment, confirms the operative part of the decision, especially in view of the innovation criterion, but decreases the amount of the penalty payment.