The difficult marriage of IP & competition law

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The relationship between IP and competition law has certainly not been a bed of roses. Initially, the two regimes were regarded as separate (inherency theory). One could argue that the primary goal of IP is to promote innovation, while the primary goal of competition law is to promote competition. This is of course a somewhat simplified picture of the two regimes, since also other important objectives could be stressed, but this simplification helps to underscore that a certain tension between the regimes could be observed. Given the potential of conflict between objectives, it was argued that competition law only should play a role in situations where the IP holder goes beyond the exclusive right. Continue reading “The difficult marriage of IP & competition law”

Antitrust compliance programs and limitation of liability in Italy

Antitrust compliance programsSince fines issued by competition authorities are a major concern for companies, the implementation of antitrust compliance programs should be a priority for legal counsel. Indeed, antitrust fines are of a purely punitive nature and are usually followed by damage lawsuits filed by the harmed parties. Therefore, these fines amount to an abrupt loss and do not exempt the liable firm to compensate harmed parties for the damages suffered. As a consequence, all the companies involved in antitrust investigations should consider implementing a defensive strategy aimed at minimizing the amount of the fine. Continue reading “Antitrust compliance programs and limitation of liability in Italy”