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This book focuses on the convergent roles of competition law and regulation of
IPRs in the context of the European Single Market. The perspectives of the
expert authors – judges, academics, and lawyers who gathered in Rome in 2009
for the Annual Conference of the Association of European Competition Law
Judges – disentangle and efficiently recombine the diverse threads woven into
this complex pattern: the rapidly evolving technical environment, the
decentralization process inherent in the ‘Community acquis’, and the lack of a
single effective European jurisdiction for IPRs. Particular attention is paid
to the latter, with its additional and unnecessary costs of enforcement
through duplicate efforts, and divergent outcomes in multiple litigations in
national jurisdictions, making litigation strategies an exercise in forum
shopping and inducing delay strategies. Among the issues examined are the
access to effective interoperability of high-tech systems;
sector-specific issues of technological development (e.g., the pharmaceutical
actions for damages in the private enforcement context;
the Commission’s practice of clearing mergers and introducing remedies
block exemption regulations;
the interdependence of public investment, state aid rules, and risk of cartels;
trading platforms enabling financial investments for patent pools and
the European Patent system;
relevance of user and consumer rights regulation and public service
interpretation of substantive patent law in actions under the IP Enforcement
As a detailed analysis and clarification of one crucial way – that of
intellectual property rights regulation – in which the concepts and principles
of competition law are internalized through mechanisms for the gradual opening
up of markets, this book clears new ground for steps forward in an essential
area for EU growth and development. It will be of great value to lawyers,
academics, and policymakers in both fields.
Preface Acknowledgements Part I Comprehensive Overview. Chapter 1
Competition and Regulation of Intellectual Property Rights for the Achievement
and Functioning of the Internal Market. Giandonato Caggiano. Chapter
2 The Bride and the Groom. On the Intersection between Intellectual
Property and Antitrust Law. Gustavo Ghidini. Chapter 3
Intellectual Property Rights and Merger Control: How to Secure Incentives to
Innovate in the Long Run. Andreas Heinemann. Chapter 4 Oligopoly
and the Prisoners’ Dilemma: How About Intellectual Property Rights?
Mario Franzosi. Part II IPRs and Standardization. Chapter 5
Standards under EU Competition Law: The Open Issues. Ginevra Bruzzone &
Marco Boccaccio. Chapter 6 The Interplay between Standardization,
IPR and Competition Law. Ian S. Forrester, QC. Chapter 7 Case
Note: Some Thoughts on the Rambus Case – Patent Ambush on Two Sides of the
Ocean. Cristoforo Osti. Chapter 8 Group Innovation and Patent
Pools: The Role of the Courts – The Balance between Competitiveand
Anticompetitive Effects. Gabriella Muscolo. Part III Sector-Specific
Issues. Chapter 9 Negotiated Foreclosure and IPRs: Recent Developments.
Pier Luigi Parcu & Maria Alessandra Rossi. Chapter 10 The EU
Pharmaceutical Sector Inquiry. New Forms of Abuse and Article 102 TFEU.
Mario Siragusa. Chapter 11 Industrial Property and Abuse of
Dominant Position in the Pharmaceutical Market: Some Thoughts on the
AstraZeneca Judgment of the EU General Court. Ilaria Ottaviano.
Chapter 12 Competition Law and Copyright: Observations from the World of
Collecting Societies. Ingo Brinker. Chapter 13 New Levels of
Protection for Shapes: A Consideration of Three-Dimensional Trademarks and
Registered Models. Lamberto Liuzzo. Part IV General Competition
Issues Relevant to the Subject Matter. Chapter 14 Single-Firm
Conduct: A Discipline in Search of Itself. Roberto Pardolesi.
Chapter 15 Estimating Damages to Competitors from Exclusionary Practices
in Europe: A Review of the Main Issues in the Light of National Courts’
Experience. Luigi Prosperetti. Chapter 16 Intellectual Property
and Refusal to Deal: ‘Ad Hoc’ versus ‘Categorical’ Balancing.
Francesco Denozza. Part V Comparative Law Perspectives. Chapter 17
Exercise of Patent Rights under Japanese Anti-monopoly Prevention Law: A
Comparative Law Perspective. Toshiko Takenaka. Chapter 18 A
Primer on Competition and IP Law: A US-EU Perspective on Private Enforcement.
Rebecca Spitzmiller. Part VI National Law Insights. Chapter 19
The Relationship between IP Rights and Competition: Report from an Italian
Point of View. Marina Anna Tavassi. Chapter 20 Antitrust and
Intellectual Property: Reflections on the Experiences of AGCM. Carla
Rabitti Bedogni. Chapter 21 The Jurisdiction of Italian Judges in
Enforcing Antitrust Law: Problems and Solutions. Enrico Adriano Raffaelli.
Chapter 22 Developments in Competition Law in the English Courts.
Vivien Rose. Chapter 23 Report on Competition Law Enforcement in
the United Kingdom. The Hon Sir Gerald Barling. Chapter 24 The
Swedish Asphalt Cartel Case. Christer H. Fallenius. Index.