Into the void – The lack of interaction of IP and competition law internationally

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Competition law is well recognized and enforced either regionally or nationally in a large part of the modern world. However, quite surprisingly, there is no comprehensive international agreement, which would regulate competition law in any great substantive detail. An international agreement has certainly been discussed, but even today there is no global agreement, which could be compared e.g. to the Paris or Berne Conventions or TRIPS. The role of competition law has also been discussed within the framework of the WTO dispute resolution mechanism, but it has not won any significant ground within the system. Continue reading “Into the void – The lack of interaction of IP and competition law internationally”

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”