Competition Policy and Iprs: An Open Debate Over an Ever-Green Issue

Abstract

It is common knowledge that the old debate between competition policy and intellectual property rights has not yet found a definitive solution able to relax the present tension and, at the same time, provide courts with useful guidelines to set cases dealing with IPRs - with regard to this article, only patents and copyrights - and antitrust principles. Within this context, on a practical ground, great uncertainty has pervaded jurisdictional bodies entrusted with the task to solve controversies involving both set of laws and, in particular, it is not yet clear when and to what extent competition rules are entitled to interfere with the exclusive protection granted by intellectual property rights. This article aims at analysing the issues arising from this thorny interplay from a European perspective, especially with regard to the case NDC Health v. IMS Health.

Keywords: Antitrust, Intellectual Property, abuse of dominant position, network effects

JEL Classification: K21, L12, L41, O34