Abstract

http://ssrn.com/abstract=1954544
 


 



The Clash of Civilizations, Much Ado About Nothing or Something Rotten in the Kingdom of Enforcement! Do IP Rights Merit Special Considerations Under Competition Law?


Christian Bergqvist


University of Copenhagen/Falculty of Law

November 4, 2011


Abstract:     
It is often claimed, but rarely in further detail, that IP rights create tensions under competition law and thus merit special considerations. While little can be held against the first, the latter is significantly less evidential if it involves a restrictive, or no application, as strong arguments can be held against both suggestions. Further, rather than a conflict between colliding interests the interaction has been haunted by a mix of unsettled questions and enforcement priorities to which the European Commission, as the supreme enforcer in EU, has not always demonstrated a coherent approach.

Number of Pages in PDF File: 30

Keywords: competition law, IP law

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Date posted: November 5, 2011  

Suggested Citation

Bergqvist, Christian, The Clash of Civilizations, Much Ado About Nothing or Something Rotten in the Kingdom of Enforcement! Do IP Rights Merit Special Considerations Under Competition Law? (November 4, 2011). Available at SSRN: http://ssrn.com/abstract=1954544 or http://dx.doi.org/10.2139/ssrn.1954544

Contact Information

Christian Bergqvist (Contact Author)
University of Copenhagen/Falculty of Law ( email )
Studiestræde 6
Copenhagen, DK-1455
Denmark
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