Abstract

Abstract EC Competition law in recent years has quite dramatically demonstrated its capacity to regulate the exercise of intellectual property rights (IPRs). In Magill, the Court of Justice confirmed that the European Commission has the power to end an abusive refusal to licence by imposing a compulsory copyright license. In other recent cases, the Court of Justice has held that the competition rules in the Treaty may be used as the basis to prevent IPR owners from acquiring competitor firms with similar technology, using aggressive discounting and pricing schemes, and engaging in ‘product bundling’. Moreover, the European Commission has developed an array of block exemptions, including the new Technology Transfer Regulation,s which provide a detailed regulation of the clauses in intellectual property licensing agreements.

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