The IMS Health Decision and the Reconciliation of Copyright and Competition
European Law Review, Vol. 5, pp. 687-697, 2004
Posted: 19 May 2008
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
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