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This book is an in-depth study of the relationship between two very modern branches of law, whose points of intersection and friction have multiplied over the last twenty years. The book examines the applications of competition law to the acquisition and exercise of industrial and artistic property rights, and explores certain little-known aspects of competition law, such as mergers, guidelines for relevant exemption regulations (technology transfer, vertical agreements, specialization, research and development), patent pools, and specific U.S. case law and doctrine (licensing agreements, essential facilities, etc.). While showing the positive contributions of competition law, the book highlights its shortcomings: the complexity of its construction; the artificial and fluctuating nature of theories that do not ensure predictability for the rights holder; the ambiguity of the reference to the economy, an apparent factor of realism but a source of real insecurity; the clumsy use of concepts borrowed from United States law (even though they are still controversial there) by Community law; and, at a second level, the difficulties in implementing Community constructions by the national authorities
