AstraZeneca's Abuse of IPR-Related Procedures - A Hypothesis of Antitrust Offence, Abuse of Rights, and IPR Misuse

24 Pages Posted: 27 Jul 2013

See all articles by Mariateresa Maggiolino

Mariateresa Maggiolino

Bocconi University - Department of Legal Studies; Ask Research Center

Maria Lillà Montagnani

Bocconi University - Department of Law; Ask Research Center; New York University School of Law

Date Written: October 30, 2010

Abstract

The General Court has recently upheld the AstraZeneca decision by ascertaining that AstraZeneca enforced fraudulently the procedure to obtain the Supplementary Protection Certificates (SPCs) connected to one of its patented drugs, and misused the procedure governing the withdrawal of the related market authorizations. AstraZeneca manipulated these procedures and — since it held a dominant position — was deemed liable under article 102 TFEU. However, enforcing fraudulently the procedure to obtain SPCs and misusing the procedure governing the withdrawal of market authorizations may qualify as offences even when firms do not hold market dominance insofar the acts do not find any justification in the rationale underpinning the patent system. This behavior may amount to conduct that harms the single market as it abuses both the intellectual property-related procedure and the underlying intellectual property right. This behavior may also amount to conduct that, by falling outside the scope of a Community provision, distorts its purpose and abuses the underpinning right. The paper uses the discussion of AstraZeneca’s behavior from the EU and US antitrust standpoint to explore the further offences that such behavior may constitute.

Keywords: Antitrust, IPRs, Misuse, Abuse of rights

JEL Classification: K31

Suggested Citation

Maggiolino, Mariateresa and Montagnani, Maria Lillà, AstraZeneca's Abuse of IPR-Related Procedures - A Hypothesis of Antitrust Offence, Abuse of Rights, and IPR Misuse (October 30, 2010). World Competition: Law and Economics Review, 2011, Bocconi Legal Studies Research Paper No. 2298576, Available at SSRN: https://ssrn.com/abstract=2298576

Mariateresa Maggiolino (Contact Author)

Bocconi University - Department of Legal Studies ( email )

Via Roentgen, 1
Milan, Milan 20136
Italy

Ask Research Center ( email )

via Roentgen 1
Milan, 20136
Italy

Maria Lillà Montagnani

Bocconi University - Department of Law ( email )

Via Roentgen, 1
Milan, Milan 20136
Italy

Ask Research Center ( email )

via Roentgen 1
Milan, 20136
Italy

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
208
Abstract Views
797
rank
160,110
PlumX Metrics