Article 82 Guidelines in limbo

According to this news report, the Guidelines on Article 82 will not be published until the Microsoft case is handed down. Given that this case is in the CFI and an appeal to the ECJ is pending, is this an indication that we won't have any guidelines on Article 82 for the next few years? Surely one would not want to risk publishing Guidelines before the case is heard by the higher court? and this could be interesting depending on which Advocate General is picked to hear any appeal.

And on Microsoft, the Commission is talking tough, challenging the way that the company is complying with the 2004 decision, by issuing a statement of objections.

In a fast moving market the wheels of the regulatory system move very slowly.