The EU Commission imposes interim measures on the world leader in data collection on pharmaceutical sales and prescriptions considering that its refusal to grant license constitutes an abuse of dominance (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 Commission imposes interim measures on the world leader in data collection on pharmaceutical sales and prescriptions considering that its refusal to grant license constitutes an abuse of dominance (IMS Health), 3 July 2001, e-Competitions Bulletin July 2001, Art. N° 38052

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