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It is still controversial whether the intellectual property-antitrust interface should be viewed as a conflict or a finalistic convergence. The recent Chinese Regulation on the “Prohibition of Conduct Eliminating or Restricting Competition by Abusing Intellectual Property Rights” provides...
Persistent link: https://www.econbiz.de/10012969609
Within the debate on the role of competition law in standard essential patents (SEPs) litigation, German case law has gained centre stage because of the number of decisions handed down and its traditional patent owner-friendly approach. As the framework handed down by the European Court of...
Persistent link: https://www.econbiz.de/10014344624
The Intel ruling will significantly affect EU competition law. It confirms that there cannot be per se violations of Article 102 TFEU and that, once the Commission follows a specific test in assessing the anticompetitive nature of a unilateral conduct, the reviewing courts cannot overlook that...
Persistent link: https://www.econbiz.de/10012929872
After a three-year investigation the German Competition Authority found Facebook's data policy abusive. In the authority's assessment, by making the use of its social-networking service conditional upon users granting extensive permission to collect and process their personal data, Facebook...
Persistent link: https://www.econbiz.de/10012889604
Despite the rationale and the legal basis of the Digital Markets Act (DMA), the European legal framework risks to become more fragmented in the post-DMA scenario because of overlaps with competition law. The paper provides an analytical overview of the hypotheses in which the dual application of...
Persistent link: https://www.econbiz.de/10013293604
Fairness considerations are increasingly evoked in economic policy and have become part of the current conversation on the objectives of competition policy. While fairness is undoubtedly an acceptable objective by itself and has its place in the history of economic regulation, its treatment in...
Persistent link: https://www.econbiz.de/10014261511