Intellectual Property and Competition Law New Frontiers

by Anderman, Steven; Ezrachi, Ariel

• ISBN13: 9780199589951
• ISBN10: 019958995X
• Format: Hardcover
• Copyright: 2011-07-07
• Publisher: Oxford University Press

Summary

In recent times, commercial activities of companies exercising market power through their intellectual property rights have increasingly come under the scrutiny of the EU competition authorities. Intellectual Property and Competition Law: New Frontiers looks at how the leveraging strategies of Microsoft, the patent enhancement strategies of Astra Zeneca and Rambus, and the reverse payment settlements in the pharmaceutical sector have all attracted competition intervention, and how the courts have been forced to decide whether intellectual property issues are the primary subject matter of the case, or peripheral to that. Drawing on these judgments, and others, this timely book brings together leading figures from practice and from academia who examine the increasingly complex and often strained relationship between intellectual property and competition law. Focusing primarily on EU law, but with valuable insight into US law, they highlight areas where new frontiers are emerging in the interface between the two, including; refusal to grant access to trade secrets; the new product test in consumer welfare; competition law in the pharmaceutical sector; standard setting; and FRAND (Fair, Reasonable and Non-Discriminatory terms) commitments. The book also considers the way in which the Commission's proposed changes to the application of Article 102 EC may impact on the protection of intellectual property rights. In the post-Microsoft litigation era, this timely book captures the range of current thinking on the subject. The impressive list of contributors brings together leading figures from academia and practice, from intellectual property and competition law, and from law and economics, offering unrivalled expert analysis of this complex area.

Author Biography

Ariel Ezrachi is the Director of the Centre for Competition Law and Policy at the University of Oxford. He is the Slaughter and May lecturer in Competition Law and a Fellow of Pembroke College, Oxford. He has published widely in the area of competition law and policy. He is the author and editor of numerous books, including EU Competition Law, An Analytical Guide to the Leading Cases (2nd edn 2010) and Private Labels, Brands, and Competition Policy (2009).

Steven Anderman is Professor of Law at Essex University. He has a special interest in the interface between Intellectual Property and Competition. He has widely lectured and published in the area. Recent speaking commitments on Microsoft have included Oxford University, Stockholm and Rome. He has worked as Expert on Competition Law for the Economic and Social Committee of the EU since 1984 and has advised both the Singapore (2004) and Chinese (2007) Governments on the IP consequences of their competition laws.

Table of Contents

1: Steven Anderman: The IP and Competition Interface: New Developments
2: Rudolph JR Peritz: Competition within Intellectual Property Regimes - The Instance of Patent Rights
3: Cecilo Madero Villarejo and Thomas Kramler: Intellectual Property Rights and Competition Rules, a Complex but Indispensable Coexistence?
4: Mariateresa Maggiolino: The Economics of Antitrust and Intellectual Property Rights
5: Ariel Ezrachi: Competition Law Enforcement and Refusal to Licence - The Changing Boundaries of Article 102 TFEU
6: John Kallaugher: Existence, Exercise and Exceptional Circumstances: The Limited Scope for a More Economic Approach to IP Issues under Article 102 TFEU
7: Ian Forrester and Katrazyna Czapraca: Compulsory Licensing in European Competition Law: The Power of the Adjective
8: Josef Drexl: Refusal to Grant Access to Trade Secrets as an Abuse of Market Dominance
9: Hedvig Schmidt: Competition Law and Innovation - Technological Integration
10: Hedvig Schmidt: Margin Squeezes in Telecommunications Markets
11: Simon Priddis and Simon Constantine: Pharmaceutical Sector, Intellectual Property Rights and Competition Law in Europe
12: Pat Treacy and Sophie Lawrance: Intellectual Property Rights and Out of Court Settlements
13: Andreas Heinemann: Intellectual Property Rights and Market Integration
14: Alden Abbott and Nicholas Kim: Standard Setting Under Section 5 of the FTC Act
15: Michael Carrier: Standard-Setting Analysis Under US Law
16: Philippe Chappatte and Paul Walter: European Competition Law, Non-Practising Entities and FRAND Commitments
17: Roger G. Brooks and Damien Geradin: Taking Contracts Seriously: The Meaning of the Voluntary Commitment to Licence Essential Patents on "Fair and Reasonable" Terms
18: Stefan Enchelmaier: Hardcore Restrictions in Technology Transfer Agreements under Regulation (EC) No 772/2004
19: Kevin J Arquit: Canaries in the Coal Mine: Has Neo-Classical Economics Lost Ground at the Intersection of IP Licensing and Antitrust Law in the United States?
20: Vladimir Bastidas Venegas: Shifting towards a dynamic efficiency test? Evaluating licensing agreements under antitrust law
1. The IP and Competition Interface: New Developments, Steven Anderman
2. Competition within Intellectual Property Regimes - The Instance of Patent Rights, Rudolph JR Peritz
3. Intellectual Property Rights and Competition Rules, a Complex but Indispensable Coexistence?, Cecilo Madero Villarejo and Thomas Kramler
4. The Economics of Antitrust and Intellectual Property Rights, Mariateresa Maggiolino
5. Competition Law Enforcement and Refusal to Licence - The Changing Boundaries of Article 102 TFEU, Ariel Ezrachi
6. Existence, Exercise and Exceptional Circumstances: The Limited Scope for a More Economic Approach to IP Issues under Article 102 TFEU, John Kallaugher
7. Compulsory Licensing in European Competition Law: The Power of the Adjective, Ian Forrester and Katrazyna Czapraca
8. Refusal to Grant Access to Trade Secrets as an Abuse of Market Dominance, Josef Drexl
9. Competition Law and Innovation - Technological Integration, Hedvig Schmidt
10. Margin Squeezes in Telecommunications Markets, Hedvig Schmidt
11. Pharmaceutical Sector, Intellectual Property Rights and Competition Law in Europe, Simon Priddis and Simon Constantine
12. Intellectual Property Rights and Out of Court Settlements, Pat Treacy and Sophie Lawrance
13. Intellectual Property Rights and Market Integration, Andreas Heinemann
14. Standard Setting Under Section 5 of the FTC Act, Alden Abbott and Nicholas Kim
15. Standard-Setting Analysis Under US Law, Michael Carrier
16. European Competition Law, Non-Practising Entities and FRAND Commitments, Philippe Chappatte and Paul Walter
17. Taking Contracts Seriously: The Meaning of the Voluntary Commitment to Licence Essential Patents on "Fair and Reasonable" Terms, Roger G. Brooks and Damien Geradin
18. Hardcore Restrictions in Technology Transfer Agreements under Regulation (EC) No 772/2004, Stefan Enchelmaier
19. Canaries in the Coal Mine: Has Neo-Classical Economics Lost Ground at the Intersection of IP Licensing and Antitrust Law in the United States?, Kevin J Arquit
20. Shifting towards a dynamic efficiency test? Evaluating licensing agreements under antitrust law, Vladimir Bastidas Venegas