In IMS Health, the Court of Justice and the European Commission (EC) should have reviewed the criteria set in Magill to apply them to subsequent similar cases. Thus, they would have issued consistent decisions about how to determine the antitrust infringement of refusing to grant Intellectual Property (IP) licenses, that is effectively remedied with a compulsory license and a periodic penalty payment.
Izarne Marko Goikoetxea (2019). Why the Magill criteria should have been reviewed in IMS Health and the effectiveness of compulsory licence. EUROPEAN COMPETITION LAW REVIEW, 40(1), 24-33.
Why the Magill criteria should have been reviewed in IMS Health and the effectiveness of compulsory licence
MARKO GOIKOETXEA, IZARNE
2019
Abstract
In IMS Health, the Court of Justice and the European Commission (EC) should have reviewed the criteria set in Magill to apply them to subsequent similar cases. Thus, they would have issued consistent decisions about how to determine the antitrust infringement of refusing to grant Intellectual Property (IP) licenses, that is effectively remedied with a compulsory license and a periodic penalty payment.File in questo prodotto:
Eventuali allegati, non sono esposti
I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
