The EU Court of Justice clarifies the applicable legal standard for compulsory licensing (IMS Health)

This article analyses the three major recent cases dealing with the boundary between EC competition law and intellectual property rights: the Commission’s interim measures decision in the IMS case, the European Court of Justice’s later judgment in IMS and, finally, the Commission’s decision in the Microsoft case. The article starts by analysing the key legal and factual elements in each of these three precedents. It then examines whether the Commission’s approach in its IMS and Microsoft decisions is consistent with that of the European Court of Justice in its IMS judgment. The analysis shows that the Commission’s approach in both Decisions differs from that laid down by the Court. In particular, the Commission has adopted a less demanding standard as regards the conditions under which

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  • White & Case (Brussels)

Quotation

James Killick, The EU Court of Justice clarifies the applicable legal standard for compulsory licensing (IMS Health), 29 April 2004, e-Competitions Bulletin April 2004, Art. N° 37125

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