 Intellectual Property Rights, Interoperability and Compulsory Licensing: Merits and Limits of the European approachFrédéric Marty and Julien Pillot () Post-Print from HAL Abstract: The Essential Facilities Doctrine, albeit an American case-law creation, is also implemented in the European Union. While, since Trinko (2004), the US Supreme Court seems to challenge its implementation, European antitrust authorities tend to extend this doctrine to intangible assets. Focusing on European case-law, we observe several differences between American and European competition policies. This article highlights these dissimilarities - which are going much further than the sole implementation of the EFD - and underlines both the principles and the limits of the European approach. As a final purpose, this work tries to point up some of these differences' origins. In this way, we argue that, if the US and the EU antitrust authorities are consistent with their respective conceptions of competition, these policies are not neutral on the innovation incentives Keywords: compulsory licensing; interoperability; abuse of dominance; exclusionary practices; remedies; lience obligatoire; interopérabilité; abus de position dominante; stratégie d'éviction; mesures correctives (search for similar items in EconPapers) Published in Journal of innovation economics, 2012, 2012-1 (9), pp.35-61 There are no downloads for this item, see the EconPapers FAQ for hints about obtaining it. Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:hal:journl:halshs-00690288 Access Statistics for this paper More papers in Post-Print from HAL |
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