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Intellectual Property and Competition Law: New Frontiers

Intellectual Property and Competition Law: New Frontiers

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780199589951
  • Published In: February 2011
  • Format: Hardback
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only
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Specially-commissioned contributions from academics and practitioners shed light on every aspect of the shifting boundaries between competition law and intellectual property rights
Perspectives from both law and economics gives 360 degree insight into the issues
Reviews the commercial practices and enforcement choices in key industry sectors such as technology and pharmaceuticals
Helpful focus on specific provisions and exceptions in EU law, enhanced by additional insight into US law
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.

Readership: Specialist competition and intellectual property academics and practitioners in the UK and Europe.

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;

Edited by Steven Anderman, Professor of Law, The University of Essex, and Ariel Ezrachi, Director of the Center for Competition Law and Policy, University of Oxford, Fellow of Pembroke College, Oxford

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.

Contributors: 

Alden Abbott - Deputy Director for Special Projects, Office of International Affairs, Federal Trade Commission

Steven Anderman - Professor of Law Emeritus, University of Essex and Visiting Professor University of Stockholm

Kevin Arquit - Simpson Thacher & Bartlett LLP

Roger G. Brooks - Partner, Cravath, Swaine & Moore LLP

Michael Carrier - Professor, Rutgers University School of Law, Camden

Philippe Chappatte - Partner, Slaughter and May, London and Brussels

Simon Constantine - Associate, Freshfields Bruckhaus Deringer LLP

Katrazyna Czapraca - Member of the New York Bar, J.S.D. (Columbia Law School), White & Case, Brussels

Robbie Downing - Of Counsel, Baker & McKenzie

Josef Drexl - Director, Max Planck Institute for IP, Competition and Tax Law, Hon. Professor, University of Munich

Stefan Enchelmaier - Professor of European and Comparative Law, York Law School, University of York

Ariel Ezrachi - Director, Slaughter and May Lecturer, University of Oxford Centre for Competition Law and Policy

Ian Forrester - Queen's Counsel, Scots Bar, Hon. Professor University of Glasgow, LLDhc; White & Case, Brussels

Damien Geradin - Professor of Competition Law & Economics, Tilburg University, William W. Cook Global Law Professor University of Michigan; Partner, Howrey LLP

Andreas Heinemann - Professor at the University of Zurich, Chair of Commercial, Economic and European Law

Alison Jones - Professor of Law, King's College London

John Kallaugher - Visiting Professor University College London, Partner, Latham & Watkins

Nicholas Kim - Registered Patent Attorney

Thomas Kramler - Deputy Head of Unit, Directorate C, Unit C-3, IT, Internet and Consumer Electronics, DG Competition, European Commission

Sophie Lawrance - Associate Bristows, London

Rudolph Peritz - Professor and Director, IProgress Project, New York Law School, Visiting Professor, Economics and Law Departments, LUISS University, Rome, Italy

Simon Priddis - Partner, Freshfields Bruckhaus Deringer LLP

Hedvig Schmidt - Lecturer, School of Law, University of Southampton

Pat Treacy - partner Bristows, London

Mariateresa Maggiolino - Assistant Professor of Commercial Law, Bocconi University, Milan

Cecilo Madero Villarejo - Director, Directorate C 'Markets and cases II: Information, Communication and Media' DG Competition, European Commission

Vladimir Bastidas Venegas - Lecturer at Örebro University

Paul Walter - Associate, Slaughter and May, London and Brussels

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