- European Union — Copyright — Rights — Royalties — Technology transfer agreements — United States
This chapter explores recent developments in antitrust–patent law. In particular, it focuses on the US Supreme Court’s 2013 decision in Actavis, which promises to readjust the doctrinal relationship between the antitrust and patent laws, and the Court of Justice of the European Union’s (CJEU) 2012 judgment in AstraZeneca, which clarified the application of EU competition rules to the procurement and assertion of patent rights. A further critical event for EU competition law generally, but with important implications for the antitrust–patent intersection, is the CJEU’s 2014 judgment in Cartes Bancaires, which put the brakes on the European Commission’s practice of summarily condemning complex phenomena as by-object restrictions. Further topical questions concern agency and judicial pronouncements on the law governing the use and abuse of standard-essential patents and the antitrust implications of patent-assertion-entity conduct.
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