Intellectual Property Rights, Interoperability and Compulsory Licensing: Merits and Limits of the European approach
The 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
Volume (Year): n°9 (2012)
Issue (Month): 1 ()
|Contact details of provider:|| Web page: http://www.cairn.info/revue-journal-of-innovation-economics.htm|
When requesting a correction, please mention this item's handle: RePEc:cai:jiedbu:jie_009_0035. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Jean-Baptiste de Vathaire)
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.