Table of Contents

EU Copyright Law

EU Copyright Law

A Commentary

Elgar Commentaries series

Edited by Irini A. Stamatoudi and Paul Torremans

Presenting a comprehensive and up to date article-by-article analysis of all EU law in the area of copyright, as well as of the underlying basic concepts and principles, this unique book takes into account all recent legislative amendments and pending initiatives in the context of the EU Digital Agenda, as well as the case law of the Court of Justice of the European Union. Published as part of the Elgar Commentaries series, it discusses challenges for the future that will underpin copyright in the years to come. It also presents ongoing discussions in WIPO and assesses the role of copyright in society and economy both from an EU and an international perspective. It is a thorough and in-depth analysis from a team of leading experts in the field, which combines aspects of theory and practice and places copyright in perspective.


Alison Firth

Subjects: law - academic, intellectual property law, law -professional, intellectual property law


Article 102 TFEU is concerned to protect freedom of competition in theEuropean Union's (EU) 'single market' or 'internal market'; competition law makes an important contribution to the goal of market integration. Article 102 (formerly Art. 82EC) has been described as, 'the legal basis for a crucial component of competition policy… its effective enforcement helps markets towork better for the benefit of businesses and consumers. This is particularlyimportant in the context of the wider objective of achieving an integrated internal market'. As articulated by AG Jacobs in Bronner, its 'principal purpose is to prevent the distortion of competition - and in particular to safeguard the interestof consumers - rather than to protect the position of particularcompetitors'. Nevertheless, where an essential facility is controlled by adominant undertaking and a competitor's ability to compete is being prevented or hindered by refusal of access to the facility, the competitor maybe able to complain to the Competition Authorities of abuse of dominance and request access as a remedy. The essential facility might be a transport terminal, infrastructure, or other transport facility, finance, a copyright licence, or access to software code. Article 102 constitutes one of three main strands of EU competition law, the others being Article 101, which regulates restrictive agreements and is relevant to copyright licensing, and the 'Merger Regulation', under which large-scale mergers and other concentrations are assessed by the European Commission.

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