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Technology Transfer and the EU Competition Rules
This work examines the revised Technology Transfer Block Exemption Regulation and its accompanying guidelines. The new edition has been fully updated to analyze the changes that the new Guidelines have introduced to existing competition laws, including bilateral licensing. The text reflects on the application of the Technology Transfer Block Exemption Regulation since it was brought into force in 2004, and presents a number of significant developments and judgements in the application of Article 102 to technology licensing. The book includes a chapter on the application of Article 102 to patent agreements and the "patent wars." The new cases analyzed include the "pay for delay" cases such as Lundbeck and the cases where owners of Standard Essential Patents have attempted to obtain a higher than FRAND return by various means. Written by two leading authorities in the field, the work offers a timely examination of the revised EU competition law regime for intellectual property licensing.
Intellectual Property and the Limits of Antitrust
An excellent account of practice on both sides of the Atlantic regarding the intersection of antitrust and intellectual property rights. The author provides a detailed account of the legal discussion in an economics-informed manner. A must read, as far as I am concerned, for practitioners and academicians alike. Petros C. Mavroidis, Columbia Law School, New York, US, University of Neuch'tel, Switzerland and CEPR, UK This book examines the growing divergences between the EU and the US in their approach to antitrust law enforcement, particularly where it relates to intellectual property (IP) rights. The scope of US antitrust law as defined in the Supreme Court s decisions in Trinko and Credit ...
EU Competition Law and Regulation in the Converging Telecommunications, Media and IT Sectors
This book presents the most thoroughgoing model yet offered to ensure the emergence of a genuinely competitive electronic communications industry in Europe. In the course of its in-depth analysis the discussion focuses on such factors as the following: EU telecommunications policy as revealed in liberalization and harmonization legislative measures; the EU electronic communications framework; case law covering issues of refusal to supply and the essential facilities doctrine; application of Article 82 EC to bottlenecks; specific types of an undertakings unilateral behaviour that may often occupy NRAs and competition authorities in the context of their ex post competition law investigations under Article 82 EC; strategic alliances and mergers in the move toward multimedia; access to premium content and the emergence of new media; the scope of content regulation in the online environment; and broadband (regulation of local loop unbundling and bitstream access). The book also provides practical guidance on issues concerning the complicated market definition and analysis mechanism promulgated by the European Commission's Recommendation and Guidelines.
Standardization under EU Competition Rules and US Antitrust Laws
Offering in-depth analysis of the case law currently being written in courtrooms all over the world under the so-called •patent warê, the book puts forward a new method for applying competition law to standards and standard-setting _ in both its collus
European Competition Law Annual 1998
Presenting academic papers and edited transcripts of panel discussions first presented at the Third Workshop on European Competition Law held in Florence in 1998, this volume provides insight into the debate of whether governments or the European Union should intervene to prevent powerful firms from abusing their control of critical gateways between consumers and communication information services. The volume's three sections, consisting of a panel discussion accompanied by from nine to 12 academic papers, are organized into three themes: regulating access to bottlenecks; agreements, integration, and structural remedies; and institutions and competence. Panel participants include professors of economics, law, and telecommunications; lawyers specializing in European trade and telecommunications law; policy, trade, and technology advisors and consultants; and others. Distributed by ISBS. c. Book News Inc.
A Companion to European Union Law and International Law
Featuring contributions from renowned scholars, A Companion to European Union Law and International Law presents a comprehensive and authoritative collection of essays that addresses all of the most important topics on European Union and international law. Integrates the fields of European Union law and international law, revealing both the similarities and differences Features contributions from renowned scholars in the fields of EU law and international law Covers a broad range of topical issues, including trade, institutional decision-making, the European Court of Justice, democracy, human rights, criminal law, the EMU, and many others
Technology Transfer and the New EU Competition Rules
The new Technology Transfer Block Exemption Regulation (in force from May 1, 2004) signals a profound change in the nature of the regulatory framework for technology licensing under EU competition law. This book examines the new Regulation in detail, placing it in the wider context of: (i) the modernisation reforms of EC competition law; and (ii) the treatment of IP rights over technology more generally. The book also considers the approach to assessment of IP issues set out in the Guidelines that accompany the Regulation; the authors discuss their legal basis and, where appropriate, criticise the approach taken by the Guidelines where the legal basis is unsure.
Competition Law and Big Data
In this timely book, Beata Mäihäniemi analyses and evaluates how the characteristics of information as a good, as well as the characteristics of digital platforms, affect the application of competition law in both theory and practice.
Patent Remedies and Complex Products
Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
Mechanisms to Enable Follow-On Innovation
The patent system is based on "one-patent-per-product" presumption and therefore fails to sustain complex follow-on innovations that contain a number of patents. The book explains that follow-on innovations may be subject to market failures such as hold-ups and excessive royalties. For decades, scholars have debated whether the market problems can be solved with voluntary licensing i.e., open innovation, or with compulsory liability rules. The book concludes that neither approach is sufficient. On the one hand, incentives to engage in open innovation practices involving patents are insufficient. On the other hand, the existing compulsory liability rules in patent and competition law are not ...
