Licensing agreements and competition law : An overview of EU and national case law

Introduction The interplay between intellectual property (“IP”) and competition law has long been the subject of debate. However, this debate has recently gained momentum, with particular focus on the IP-intensive pharmaceutical and IT industries. In cases under Article 101 and 102 TFEU and their national analogues the European Commission (the “Commission”) and national EU antitrust authorities have taken the position that patent assertion - either through judicial proceedings or the administrative patent protection system - may, under certain circumstances, constitute abuse of the patent holder’s dominant position in violation of Article 102. On the other hand, the Commission has found that patent settlements in the pharmaceuticals sector which involve payments from the patent holder to

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James S. Venit, Athanasia Gavala, Licensing agreements and competition law : An overview of EU and national case law, 12 May 2014, e-Competitions Bulletin Licensing agreements, Art. N° 66325

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