000 01718cam a2200229 4500500
005 20250413012710.0
041 _afre
042 _adc
100 1 0 _aMarty, Frédéric
_eauthor
700 1 0 _a Pillot, Julien
_eauthor
700 1 0 _a Pillot, Julien
_eauthor
245 0 0 _aIntellectual Property Rights, Interoperability and Compulsory Licensing: Merits and Limits of the European approach
260 _c2012.
500 _a88
520 _aThe 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.JEL Codes: K21, L13, L86
690 _aabuse of dominance
690 _acompulsory licencing
690 _aessential facilities doctrine
690 _aexclusionary strategy
786 0 _nJournal of Innovation Economics & Management | 9 | 1 | 2012-04-16 | p. 35-61
856 4 1 _uhttps://shs.cairn.info/revue-journal-of-innovation-economics-2012-1-page-35?lang=en&redirect-ssocas=7080
999 _c1106262
_d1106262