The IMS Health Decision and the Reconciliation of Copyright and Competition

European Law Review, Vol. 5, pp. 687-697, 2004

Posted: 19 May 2008

See all articles by Estelle Derclaye

Estelle Derclaye

University of Nottingham, School of law

Abstract

Comments on the European Court of Justice ruling in IMS Health GmbH & Co OHG v NDC Health GmbH & Co KG (C-418/01) on whether a database maker committed an abuse of dominant position under the EC Treaty Art.82 by refusing to grant a copyright licence to allow a rival company to use a brick structure for a database of pharmaceutical sales, which had become the industry standard in Germany. Considers the Court's decision on the four concurrent conditions which must be fulfilled to find that the refusal to grant a copyright licence was abusive. Examines how the judgment attempted to reconcile EC copyright and competition laws, and discusses its implications for the determination of similar disputes coming before the national courts.

Keywords: competition law, antitrust, intellectual property, copyright, database, IMS, Magill

Suggested Citation

Derclaye, Estelle, The IMS Health Decision and the Reconciliation of Copyright and Competition. European Law Review, Vol. 5, pp. 687-697, 2004, Available at SSRN: https://ssrn.com/abstract=1131767

Estelle Derclaye (Contact Author)

University of Nottingham, School of law ( email )

Nottingham NG7 2RD
United Kingdom

HOME PAGE: http://www.nottingham.ac.uk/law2/staff/estelle.derclaye

Here is the Coronavirus
related research on SSRN

Paper statistics

Abstract Views
745
PlumX Metrics