Supreme Court rules that ISPs should not bear costs for the implementation of website-blocking injunctions in trade mark infringement cases

Guest post by William Wortley*

Last week, the Supreme Court ruled in Cartier International v BT and another that the costs of implementing injunctions against internet service providers (ISPs), ordering them to block access to websites selling trademark infringing goods, should be borne by IP rightsholders rather than ISPs. The landmark decision overturns the High Court decision, upheld in the Court of Appeal, and raises questions about the scope of the decision and the potential impact on rightsholders moving forward. Continue reading “Supreme Court rules that ISPs should not bear costs for the implementation of website-blocking injunctions in trade mark infringement cases”

Do data generated by connected cars raise antitrust risks?

In these days the European Commission is particularly active in understanding the possible antitrust impact of data-related conducts. In particular, from a recent policy document published by the Commission and from statements released by DG Comp´s official, it emerges that data generated by automated and connected cars might be considered an “essential facility” from a competition law perspective, at least in the early stage of the industry development, with the consequence that access to these data could not be refused to third parties. Consequently, manufacturers of automated and connected cars which refuse to license these data under fair terms to providers of cars-related services (i.e.: insurers, repairers, leasing companies) might be in breach of article 102 TFEU.

Continue reading “Do data generated by connected cars raise antitrust risks?”