Intellectual Property and Competition Law - New Frontiers

* Specially-commissioned contributions from academics and practitioners shed light on every aspect of the shifting boundaries between competition law and intellectual property rights * Perspectives from both law and economics gives 360 degree insight into the issues * Reviews the commercial practices and enforcement choices in key industry sectors such as technology and pharmaceuticals * Helpful focus on specific provisions and exceptions in EU law, enhanced by additional insight into US law In recent times, commercial activities of companies exercising market power through their intellectual property rights have increasingly come under the scrutiny of the EU competition authorities. Intellectual Property and Competition Law: New Frontiers looks at how the leveraging strategies of Microsoft, the patent enhancement strategies of Astra Zeneca and Rambus, and the reverse payment settlements in the pharmaceutical sector have all attracted competition intervention, and how the courts have been forced to decide whether intellectual property issues are the primary subject matter of the case, or peripheral to that. Drawing on these judgments, and others, this timely book brings together leading figures from practice and from academia who examine the increasingly complex and often strained relationship between intellectual property and competition law. Focusing primarily on EU law, but with valuable insight into US law, they highlight areas where new frontiers are emerging in the interface between the two, including; refusal to grant access to trade secrets; the new product test in consumer welfare; competition law in the pharmaceutical sector; standard setting; and FRAND (Fair, Reasonable and Non-Discriminatory terms) commitments. The book also considers the way in which the Commission's proposed changes to the application of Article 102 EC may impact on the protection of intellectual property rights. In the post-Microsoft litigation era, this timely book captures the range of current thinking on the subject. The impressive list of contributors brings together leading figures from academia and practice, from intellectual property and competition law, and from law and economics, offering unrivalled expert analysis of this complex area. Readership: Specialist competition and intellectual property academics and practitioners in the UK and Europe.

1: Steven Anderman: The IP and Competition Interface: New Developments 2: Rudolph JR Peritz: Competition within Intellectual Property Regimes - The Instance of Patent Rights 3: Cecilo Madero Villarejo and Thomas Kramler: Intellectual Property Rights and Competition Rules, a Complex but Indispensable Coexistence? 4: Mariateresa Maggiolino: The Economics of Antitrust and Intellectual Property Rights 5: Ariel Ezrachi: Competition Law Enforcement and Refusal to Licence - The Changing Boundaries of Article 102 TFEU 6: John Kallaugher: Existence, Exercise and Exceptional Circumstances: The Limited Scope for a More Economic Approach to IP Issues under Article 102 TFEU 7: Ian Forrester and Katrazyna Czapraca: Compulsory Licensing in European Competition Law: The Power of the Adjective 8: Josef Drexl: Refusal to Grant Access to Trade Secrets as an Abuse of Market Dominance 9: Hedvig Schmidt: Competition Law and Innovation - Technological Integration 10: Hedvig Schmidt: Margin Squeezes in Telecommunications Markets 11: Simon Priddis and Simon Constantine: Pharmaceutical Sector, Intellectual Property Rights and Competition Law in Europe 12: Pat Treacy and Sophie Lawrance: Intellectual Property Rights and Out of Court Settlements 13: Andreas Heinemann: Intellectual Property Rights and Market Integration 14: Alden Abbott and Nicholas Kim: Standard Setting Under Section 5 of the FTC Act 15: Michael Carrier: Standard-Setting Analysis Under US Law 16: Philippe Chappatte and Paul Walter: European Competition Law, Non-Practising Entities and FRAND Commitments 17: Roger G. Brooks and Damien Geradin: Taking Contracts Seriously: The Meaning of the Voluntary Commitment to Licence Essential Patents on "Fair and Reasonable" Terms 18: Stefan Enchelmaier: Hardcore Restrictions in Technology Transfer Agreements under Regulation (EC) No 772/2004 19: Kevin J Arquit: Canaries in the Coal Mine: Has Neo-Classical Economics Lost Ground at the Intersection of IP Licensing and Antitrust Law in the United States? 20: Vladimir Bastidas Venegas: Shifting towards a dynamic efficiency test? Evaluating licensing agreements under antitrust law