Intellectual Property and Competition Law: New Frontiers

Hardcover | March 10, 2011

EditorSteven Anderman, Ariel Ezrachi

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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 ofMicrosoft, 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 ofthe 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 insightinto 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 andNon-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, offeringunrivalled expert analysis of this complex area.

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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 ofMicrosoft, the patent enhancement strategie...

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 fo...

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Format:HardcoverDimensions:520 pagesPublished:March 10, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019958995X

ISBN - 13:9780199589951

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Table of Contents

1. Steven Anderman: The IP and Competition Interface: New Developments2. Rudolph JR Peritz: Competition within Intellectual Property Regimes - The Instance of Patent Rights3. 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 Rights5. Ariel Ezrachi: Competition Law Enforcement and Refusal to Licence - The Changing Boundaries of Article 102 TFEU6. John Kallaugher: Existence, Exercise and Exceptional Circumstances: The Limited Scope for a More Economic Approach to IP Issues under Article 102 TFEU7. Ian Forrester and Katrazyna Czapraca: Compulsory Licensing in European Competition Law: The Power of the Adjective8. Josef Drexl: Refusal to Grant Access to Trade Secrets as an Abuse of Market Dominance9. Hedvig Schmidt: Competition Law and Innovation - Technological Integration10. Hedvig Schmidt: Margin Squeezes in Telecommunications Markets11. Simon Priddis and Simon Constantine: Pharmaceutical Sector, Intellectual Property Rights and Competition Law in Europe12. Pat Treacy and Sophie Lawrance: Intellectual Property Rights and Out of Court Settlements13. Andreas Heinemann: Intellectual Property Rights and Market Integration14. Alden Abbott and Nicholas Kim: Standard Setting Under Section 5 of the FTC Act15. Michael Carrier: Standard-Setting Analysis Under US Law16. Philippe Chappatte and Paul Walter: European Competition Law, Non-Practising Entities and FRAND Commitments17. Roger G. Brooks and Damien Geradin: Taking Contracts Seriously: The Meaning of the Voluntary Commitment to Licence Essential Patents on "Fair and Reasonable" Terms18. Stefan Enchelmaier: Hardcore Restrictions in Technology Transfer Agreements under Regulation (EC) No 772/200419. 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