European Competition Law Annual 2005 The Interaction between Competition Law and Intellectual Property Law

by Ehlermann, Claus-Dieter; Atanasiu, Isabela

• ISBN13: 9781841136455
• ISBN10: 184113645X
• eBook ISBN(s): 9781847313553
• Format: Hardcover
• Copyright: 2007-02-28
• Publisher: Hart Publishing

Summary

This is the tenth in a series of volumes based on the annual workshops on EU Competition Law and Policy held at the Robert Schuman Centre of the European University Institute in Florence. The volume reproduces the materials of the roundtable debate which examined the interaction between competition law and intellectual property law. The workshop participants - a group of senior representatives of the Commission and the national competition authorities of some EC Member States, reknowned international academics and legal practitioners - discussed the economic and legal issues that arise in this particular area of application of the EC competition rules, under the following headings: 1) whether the characteristics of intellectual property products/markets justify special treatment under the competition rules; 2) a critical assessment of the Block Exemption Regulation and corresponding Guidelines recently adopted in this area of EC competition law enforcement; 3) the specific enforcement issues that arise in relation to patent pools and collecting societies; and 4) specific problems related to IP in the domains of merger control and application of Article 82 EC.

Author Biography

Claus-Dieter Ehlermann is Senior Counsel with Wilmer Cutler Pickering Hale & Dorr LLP in Brussels, former Professor of EC Law at the European University Institute in Florence, and former Director General in both the Competition Directorate and Legal Service of the European Commission. He has also served as Member and Chairman of the Appellate Body of the World Trade Organization.
Isabela Atanasiu is Marie Curie Research Fellow at the Centre for Political and Constitutional Studies (CEPC) in Madrid; until December 2006 she was Research Fellow at the Robert Schuman Centre for Advanced Studies of the European University Institute in Florence.

Table of Contents

General aspects	p. 1
Panel I : to what extent does IP require/justify a special treatment under competition rules?	p. 3
Panel II : a critical examination of the TT block exemption regulation and TT guidelines	p. 34
Competition and intellectual property in the US : licensing freedom and the limits of antitrust	p. 49
Regulating intellectual property via competition : or regulating competition via intellectual property : competition and intellectual property : ten years on, the debate still flourishes	p. 59
Intellectual property : how special is its competition case?	p. 91
On the intersection of IPRs and competition law with regard to information technology markets	p. 105
Unique works/unique challenges at the intellectual property/competition law interface	p. 119
From black and white to enlightenment : an economic view of the reform of EC competition rules on technology transfer	p. 141
The new technology transfer block exemption regulation and guidelines	p. 161
Technology transfer and the IP/competition interface	p. 211
Selected problem areas	p. 237
Panel III : patent pools	p. 239
Panel IV : collecting societies	p. 254
Uncertain patents, antitrust, and patent pools	p. 273
The new technology transfer guidelines (TTG) as applied to patent pools and patent pool licensing : some observations regarding the concept of 'essential technologies'	p. 295
Patent pools : approaching a patent law problem via competition policy	p. 305
Australian intellectual property law, competition and collecting societies : efficiency, monopoly, competition and regulation	p. 329
Collecting societies	p. 343
EC competition law enforcement and collecting societies for music rights : what are we aiming for?	p. 361
Collecting societies : the usual suspects	p. 371
The application of competition law to collecting societies in a borderless digital environment	p. 399
Selected problem areas (continued)	p. 419
Panel V : intellectual property and merger control	p. 421
Panel VI : abuse of dominance in licensing and refusal to license	p. 439
The role of intellectual property in merger review : recent cases from the US antitrust enforcement agencies	p. 463
Intellectual property and merger control : review of the recent experience under the European merger regulation	p. 475
Reflections on enforcement actions and statements concerning intellectual property elements of merger review	p. 497
Intellectual property and merger control (Germany/EU)	p. 517
Intellectual property and merger control	p. 565
Canada's Competition Act, unilateral conduct and the licensing of IP rights : balancing on a tight rope	p. 577
Article 82 EC : exceptional circumstances : the IP/antitrust interface after IMS health	p. 609
Monopolization, abuse of dominance, and refusal to license intellectual property to competitors - do antitrust duties help or hurt competition and innovation : how do we know?	p. 633
Abuse of dominance in licensing and refusal to license : a 'more economic approach' to competition by imitation and to competition by substitution	p. 647
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