Link to the University of Pittsburgh
Link to the University Library SystemContact us link
AEI Banner

Exploitative Abuses: Which Competition Policy, Which Public Policy? Research Papers in Law, 2/2007

Maher, Imelda (2007) Exploitative Abuses: Which Competition Policy, Which Public Policy? Research Papers in Law, 2/2007. UNSPECIFIED.

[img]
Preview
PDF - Published Version
Download (82Kb) | Preview

    Abstract

    As the final session of the day, my aim in this paper is to briefly outline the nature of exploitative abuses before turning to the question of the relationship between competition law and intellectual property law in the context of what Teubner calls the regulatory trilemma and from that draw a two-fold conclusion. First, the demands on law from the social phenomenon of markets are more acute when those demands raise issues across the different law domains of IP and competition. Second, where IP law and competition meet, the aim should be for both domains to internalise the values of the other. This however can only happen to the extent but only to the extent that there can be what Collins1 calls productive disintegration. Finally, in the specific context of exploitative abuses the overlap between IP law and competition law arises primarily in relation to claims of excessive pricing in licensing arrangements. Such claims could form the basis of a private action2 or can be made in the context of compulsory dealing decisions such as Microsoft.3 The involvement of competition agencies in pricing decisions goes to the heart of concerns about the nature of competition law and the role of competition agencies and highlights the need for the law to indirectly control rather than inappropriately attempt to directly control markets.

    Export/Citation:EndNote | BibTeX | Dublin Core | ASCII (Chicago style) | HTML Citation | OpenURL
    Social Networking:
    Item Type: Other
    Subjects for non-EU documents: EU policies and themes > Policies & related activities > competition policy
    EU policies and themes > Policies & related activities > intellectual property
    EU policies and themes > Policies & related activities > law & legal affairs-general (includes international law)
    Subjects for EU documents: UNSPECIFIED
    EU Series and Periodicals: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Series: Series > College of Europe (Brugge) > Research Papers in Law
    Depositing User: Phil Wilkin
    Official EU Document: No
    Language: English
    Date Deposited: 30 Sep 2013 10:23
    Number of Pages: 11
    Last Modified: 04 Nov 2013 09:59
    URI: http://aei.pitt.edu/id/eprint/44283

    Actions (login required)

    View Item

    Document Downloads