Towards an EU Doctrine of Anticompetitive IP-Related Litigation

Posted by D. Daniel Sokol

Simonetta Vezzoso, Trento University has thoughts Towards an EU Doctrine of Anticompetitive IP-Related Litigation.

ABSTRACT: To date, there is little guidance how IP-related vexatious litigation should be assessed under Art. 102 TFEU. But a suitable framework can be developed to determine how such practices would be treated if adopted. That framework can be based on the limited case law existing in Europe on that topic, on the extensive enquiry recently carried out by the European Commission in the pharmaceutical sector and on a comparison with US case law.