The EU Court of Justice upholds that the ownership of patents, trademarks and other intellectual property rights may constitute barriers to entry depending on their strength and duration without conferring themselves dominance (RTE / ITP)

Joined Cases C-241/91 P and C-242/91 P Radio Telefis Eireann (RTE) and Independent Television Publications Ltd (ITP) v Commission of the European Communities* 1. Broadcasting companies are in a dominant position within the meaning of Article 86 of the Treaty when, by reason of their de facto monopoly over the information relating to the listings of their programmes, which are received in most households in one Member State and in a substantial portion of households in the adjoining part of another Member State, they are in a position to prevent effective competition on the market in weekly television magazines in the areas concerned. 2. The conduct of an undertaking in a dominant position, consisting of the exercise of a right classified by national law as 'copyright',

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