Advances in Competition Policy Enforcement in the EU and North America
Edited by Abel M. Mateus and Teresa Moreira
Chapter 13: Abuses of Dominant Position, Intellectual Property Rights and Monopolization in EU Competition Law: Some Thoughts on a Possible Course of Action
13. Abuses of dominant position, intellectual property rights and monopolization in EU competition law: some thoughts on a possible course of action Inge Govaere 1. INTRODUCTION It is not easy, not to say virtually impossible, to give an answer to the following question originally listed in the conference program: ‘How the present debate and major conclusions on abuses of dominant position and monopolization will influence the future implementation of EU competition policy, from a legal perspective’. For one thing, Emil Paulis has already explained that there is still a lot of debate going on and very few conclusions to be drawn as to the direction the modernization process of Article 82 TEC should take.1 In the current stage of debate it seems therefore more prudent to limit the ambitions of this chapter to putting forward some thoughts as to how this all might influence a future course of action, in particular in so far as the IP–antitrust interface debate in the EU is concerned. A second caveat concerns the attempt to adopt a strictly legal approach, complementary to the contribution by Patrick Rey which deals more specifically with the economic perspective.2 With the plea for a less formalistic and more rule of reason oriented approach to Article 82 TEC, including the possibility of an efficiency defense, it will of course become all the more difficult clearly to separate the two perspectives in practice. In legal terms the prevailing conclusion to be drawn so far from the modernization of EU...
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