The Clash of Civilizations, Much Ado About Nothing or Something Rotten in the Kingdom of Enforcement! Do IP Rights Merit Special Considerations Under Competition Law?

Posted by D. Daniel Sokol

Christian Bergqvist, University of Copenhagen/Falculty of Law asks The Clash of Civilizations, Much Ado About Nothing or Something Rotten in the Kingdom of Enforcement! Do IP Rights Merit Special Considerations Under Competition Law?

ABSTRACT: It is often claimed, but rarely in further detail, that IP rights create tensions under competition law and thus merit special considerations. While little can be held against the first, the latter is significantly less evidential if it involves a restrictive, or no application, as strong arguments can be held against both suggestions. Further, rather than a conflict between colliding interests the interaction has been haunted by a mix of unsettled questions and enforcement priorities to which the European Commission, as the supreme enforcer in EU, has not always demonstrated a coherent approach.