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.
Why the Magill criteria should have been reviewed in IMS Health and the effectiveness of compulsory licence / Izarne Marko Goikoetxea. - In: EUROPEAN COMPETITION LAW REVIEW. - ISSN 0144-3054. - STAMPA. - 40:1(2019), pp. 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:
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