The pros and cons of IP commitments
01 March 2010
More and more companies are offering commitments about their IP practices to resolve European antitrust concerns. Suzanne Rab and Daphne Monnoyeur explain why
Most observers emphasise the need for a careful balancing of interests when (and if) applying competition law to IP cases. A topic which appears to have been given less detailed consideration is the use of alternative means of resolving competition law cases with an IP dimension (i.e. without an infringement decision). On May 1 2004, Regulation 1/2003 introduced a new procedure under Article 9 (see box) for resolving EU competition law cases brought under Article 101 or Article 102 of the Treaty on the Functioning of the European Union. Articles 101 and 102 (previously Articles 81 and 82 of the EC Treaty) deal, respectively, with restrictive agreements and abuse of dominance. Under this provision, the European Commission has the power to accept commitments offered by companies which are being investigated under EU competition law to resolve its competition concerns....
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