Whose Regulation, Which Competition?
ASCOLA Competition Law series
Edited by Hanns Ullrich
Chapter 3: Revision of the New Technology Transfer Block Exemption Regulation: Convergence or Capitulation?
Mark R. Patterson* I INTRODUCTION It is generally believed that European competition law is becoming both more similar to US antitrust law and more based on economics.1 Indeed, former Commissioner Monti has stated that changes in both of these directions were goals when he led the Commission.2 Professor Jones outlines some of these * Professor of Law, Fordham University School of Law, New York. I am grateful to Eleanor Fox, Mel Marquis, and the other participants at the First Ascola Workshop on Comparative Competition Law for helpful comments and to Nic Snow for valuable research assistance. 1 See, e.g., Speech by Charles A. James, Assistant Attorney General, Antitrust Division, US Department of Justice, Antitrust in the Early 21st Century: Core Values and Convergence, US Mission to the European Union, Brussels, 15 May 2002, http://www.useu.be/Categories/Antitrust/May1502JamesAntitrust-Speech.html (discussing convergence of US and EC antitrust law); Commission Evaluation Report on the Transfer of Technology Block Exemption Regulation No. 240/96, COM(01) 786 final [hereinafter TTBE Report], at 5 (‘The recent reforms of the EC competition rules in the field of vertical and horizontal agreements have signified a shift from a legalistic and form-based approach to a more economic and effects-based approach’), available at http://europa.eu.int/comm/competition/antitrust/-technology_transfer/en.pdf. 2 Speech by Mario Monti, The New Shape of European Competition Policy, Competition Policy Research Center, Tokyo, Japan, 20 November 2003, http://jpn.cec.eu.int/home/speech_en_Speech202020November202003.php (‘When I was appointed Competition Commissioner four years ago, one of my main objectives was an increased economic approach in the interpretation and...
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