Chillin'Competition

Relaxing whilst doing Competition Law is not an Oxymoron

Competition v IP

with 4 comments

Black-swan-2010

I attach a presentation I gave yesterday at the University CEU San Pablo in Madrid.

The presentation adresses wether competition policy contributes to investment in innovation.

I slightly reframed it though, to envision it under the competition v IP angle.

The picture above says it all of my views on this issue.

Comments welcome.

Presentation – Does EU Competition Policy sufficiently promote companies investment and innovation – N PETIT

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Written by Nicolas Petit

30 October 2013 at 4:34 pm

4 Responses

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  1. I wonder in which way Microsoft differs significantly from Magill/IMS Health and how the GC reversed T-201/04 in T-167/08:
    “Reversal of Magill/IMS Health in CFI, T-201/04, Microsoft Corp. v Commission (but reversed by GC, T-167/08, Microsoft Corp. v Commission)

    Am I missing something? If your time allows it, I would be glad about a short explanation, this would help me a lot. Thanks

    C.Eh.

    30 October 2013 at 6:31 pm

  2. I see your point but In my opinion this is not what T-167/08 § 139 is aiming on. I think this is shown by T-201/04 § 665 in which the limitation of technical development is set equal to the prevention of a new product (maybe as a kind of subset). Furthermore In T-167/08 § 139 there is the phrase “it is sufficient” so that other behaviours related to the new product rule are not excluded from this theory of harm. In T-201/04 § 332 with “in particular” there is a comparable phrase.
    One point for your opinion is that 82 lit. c EC is not mentioned in T 167/08. But nevertheless I do not think that Magill/IMS Health is reversed in T 201/04 (maybe just “modified” and held open for other constellations).
    ..but in the end who could tell what the judges exactly meant and if it is still the same in future cases

    C.Eh.

    30 October 2013 at 8:22 pm

  3. […] it is worth looking at the Chillin’ Competition Blog, where Nicolas Petit has posted the slides that he prepared for a talk on this topic in Madrid at the end of October 2013. […]


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