September 1988

Anticompetitive practices

 The EU Court of Justice states that a no-challenge clause in a patent licensing agreement does not restrict competition when the agreement in which it is contained grants a free licence and the licensee does not suffer the competitive disadvantage involved (Bayer / Maschinenfabrik Hennecke)
European Court of Justice (Luxembourg)
Luxembourg 331 contributions 110479 visits
Case 65/86 Bayer AG and Maschinenfabrik Hennecke GmbH v Heinz Süllhöfer* 1. In its prohibition of certain ’agreements’ between undertakings, Article 85 (1) of the Treaty makes no distinction between agreements whose purpose is to put an end to litigation and those concluded with other (...)

The EU Court of Justice reaffirms that the Member States are required not to introduce or maintain in force measures which may render ineffective the competition rules applicable to undertakings (Van Eycke /Aspa)
European Court of Justice (Luxembourg)
Luxembourg 331 contributions 110479 visits
Case 267/86 Pascal Van Eycke v ASPA NV* 1. Although it is true that Articles 85 and 86 of the Treaty per se are concerned only with the conduct of undertakings and not with national legislation, the fact remains that those articles in conjunction with Article 5 of the Treaty require the (...)