About ten years ago, “IP and competition law” was the hottest ticket in antitrust town. The relevant cases decided in those days had it all : Well-known companies, very sophisticated legal issues, and authorities that were willing to intervene vigorously in the field of intellectual property law. Ever since, the situation has changed considerably. It seems that high hopes for curing the (alleged) diseases of intellectual property laws, as diagnosed by competition experts, with the tools of antitrust law have subsided. Reviewing the case law of the past years it seems that there has been relative calm in the field with several notable exceptions. This assessment, however, may be misleading. The debates have moved forward into new directions, and while competition lawyers no longer seem to believe in radical changes, IP and competition still have an important interplay. Both disciplines share the aim of promoting innovation in the economy. In times when innovation is a buzzword in economic, legal and political debates, it is essential to get the best out of both worlds. This will be all the more important with a view to the Internet of Things where IP issues and competition law remedies will be instrumental.
Rupprecht Podszun is a Professor of Civil law, German and European Competition Law at Heinrich Heine University Düsseldorf. He is also an affiliated research fellow with the Max Planck Institute for Innovation and Competition in Munich.
1141 | Évènements
What is an abuse of dominance in European competition law ? Let’s take a 2022 example from a first instance court in Frankfurt, Germany (case 2-03 O 58/22). It ruled on the application of an online seller of individualised number plates for cars to get an injunction against Google. Google had (...)
Une entrevue avec Cristina Caffarra, Vice President, Head of European Competition Practice, Charles River Associates International, Londres. Avec la participation de Rupprecht Podszun, Professeur, Heinrich Heine University, Düsseldorf ; Pierre Régibeau, Chief Economist, DG Competition, (...)
Classement de l'auteur