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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)

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

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