Thomas Vinje, a partner at Clifford Chance in Brussels, acted for two IT industry associations supporting the European Commission in the landmark ruling by Europe’s second-highest court, the Court of First Instance (CFI). The court upheld the commission’s decision that Microsoft had abused its dominance by illegally “tying” its MediaPlayer software into Windows. The ruling is said to make the commission the leading competition authority in the world.

What were the main challenges in this case and the implications?
Apart from seeking to master rather complex technology and to communicate about it to judges with little technical knowledge, the greatest challenge was to confront the raw political and economic power of Microsoft and the virtually unlimited legal, economic and technical resources it devoted to the case. If Microsoft adapts its behaviour in line with the principles established in the decision, consumers could end up having real choices of key software and we would see more innovation, better products and lower prices.

What was your worst day as a lawyer?
The day I was given an e-mail account.

What was your most memorable experience as a lawyer?
It’s tough to beat Monday, September 12, when the CFI ruled in our favour in the Microsoft case. But perhaps more rewarding and memorable in the end will be my days defending Aids patients in the Eighties in disputes with San Francisco landlords who were throwing dying men out on the street.

Who has been the most influential person in your life and why?
Apart from having formidable role models in my wonderful parents and fantastic support from my wife, perhaps the most influential person in my life has been a Norwegian poet, Eldgrim. He has been a source of inspiration for me since we taught together at a log schoolhouse in Norway 30 years ago.

Why did you become a lawyer?
I am a child of the US civil rights and Vietnam protest movements, and I convinced myself as a 16-year-old that I could best help the world as a lawyer. I have not lived up to my aspirations, but I’ve tried to make some very small contributions.

What would your advice be to anyone wanting a career in law?
Do it only if you think you can really make a difference to something that matters, or if you are truly fascinated by the law. Don’t do it for the money or the prestige.

If you had not become a lawyer, what would you have chosen and why?
I don’t have the talent for it, but I would most love to have become a violin maker. My most prized possession is my Norwegian folk fiddle, made in the year I was born (1954), and it would have been great to have made one to hand on to my much-loved daughter Elizabeth.

Where do you see yourself in ten years?
Still a lawyer, fighting for things in which I believe. I will not be making violins.

l_tsang@hotmail.com

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