Intellectual Property and the Limits of Antitrust: A Comparative Study of US and EU Approaches (New Horizons in Competition Law and Economics Series)

Intellectual Property and the Limits of Antitrust: A Comparative Study of US and EU Approaches (New Horizons in Competition Law and Economics Series)

By: Katarzyna Czapracka (author)Hardback

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Description

This book examines the growing divergence between the EU and the US in their approach to antitrust law, particularly where it relates to intellectual property rights (IPRs). EU competition law has been consistently used to regulate a number of issues that have been considered to be outside the scope of the Sherman Act. The transatlantic differences relating to the assessment of market dominance are only a partial explanation for the clashes over IP rights. An equally important issue is the application of antitrust laws to market distortions resulting from a government action. In unregulated markets, competition enforcement may remedy specific market failures. In regulated markets, competition law may also be used to address externalities created by regulatory activity. The relation between antitrust law and regulation that may disrupt competitive processes is vital for the antitrust analysis of anticompetitive concerns resulting from IP rights. With a unique comparative perspective, this book will be an invaluable resource for postgraduate students, academics and practitioners in intellectual property and competition law.

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Contents

Contents: Introduction Part I: The Roots of the Transatlantic Clashes 1. Monopolization and Abuse of Dominance: Basic Elements 2. Essential Facilities and Refusals to Deal 3. Limits of Antitrust: Monopolies Created by State 4. Application of the Antitrust Rules to Private Parties' Interactions with Public Authorities Part II: Striking the Balance Between Antitrust and IP 5. Competition, Monopoly, and Innovation: The Economic Theory 6. Refusals to License and Remedies Affecting the Core of IP Rights 7. Licensing and the Approach to Vertical Restraints 8. New Technologies, Interoperability, and Antitrust Part III: (Mis)Use of Regulatory Procedures and IP 9. Special Immunity for IP Rights? 10. Acquiring IP Rights as an Antitrust Offense 11. Defending IP Rights as an Antitrust Offense Part IV: Trade Secrets and Antitrust: An Example of the Conflicting U.S. and EU Approaches 12. Trade Secrets Basics 13. Antitrust and Trade Secrets

Product Details

  • publication date: 01/12/2009
  • ISBN13: 9781847209252
  • Format: Hardback
  • Number Of Pages: 168
  • ID: 9781847209252
  • ISBN10: 1847209254

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  • Saver Delivery: Yes
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  • Courier Delivery: Yes
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