EUROPEAN COMPETITION LAW, COMPULSORY LICENSING, AND INNOVATION

Ariel Ezrachi and Mariateresa Maggiolino

Journal of Competition Law and Economics, 2012, vol. 8, issue 3, 595-614

Abstract: This article explores the interface between competition law and intellectual property rights and focuses on the analysis of refusal to license. The discussion highlights the gradual lowering of the threshold for intervention in cases of refusal to license and the widening scope of Article 102 of the TFEU. It subsequently reflects on the possible chilling effect that compulsory licensing may have on innovation.

JEL-codes: K2 L12 L41 (search for similar items in EconPapers)
Date: 2012
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Persistent link: https://EconPapers.repec.org/RePEc:oup:jcomle:v:8:y:2012:i:3:p:595-614.

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Journal of Competition Law and Economics is currently edited by Nicholas Economides, Amelia Fletcher, Michal Gal, Damien Geradin, Ioannis Lianos and Tommaso Valletti

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