Chapter

Competition law

David T. Keeling

in Intellectual Property Rights in EU Law Volume I: Free Movement and Competition Law

Published in print January 2004 | ISBN: 9780198259183
Published online March 2012 | e-ISBN: 9780191681912 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198259183.003.0011

Series: Oxford European Union Law Library

Competition law

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The EC Treaty is founded on the twin principles of free trade and undistorted competition. The former is guaranteed by the provisions on free movement of goods and services. The latter is protected by the competition rules of the Treaty laid down in Articles 81 to 89. As the intellectual property rights frequently clash with the principle of the free movement of goods and services, so too there is a tendency for them to enter into conflict with the competition rules of the Treaty. The principal rules that are of interest are Articles 81 and 82. The former prohibits, inter alia, agreements between undertakings that restrict competition. The latter prohibits undertakings that have exceptional market power from abusing their dominance. Intellectual property rights have a role to play in relation to both of these prohibitions.

Keywords: competition law; EC Treaty; free trade; free movement of goods; intellectual property rights; prohibition

Chapter.  49206 words. 

Subjects: Intellectual Property Law

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