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Antitrust Implications of Technology Consortia - Economic reasoning, competition law and intellectual property law issues (Paperback)
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Antitrust Implications of Technology Consortia - Economic reasoning, competition law and intellectual property law issues (Paperback)
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Thesis (M.A.) from the year 2003 in the subject Law -
Miscellaneous, grade: 1, University of Bonn, language: English,
abstract: This thesis is to provide guidance for the antitrust
analysis of technology consortia which is challenged by virtue of
the various forms the inter-firm collaboration may take, the
pooling of intellectual property rights (IPR) and the ambivalent
impact this may have on competition. The starting point to a
meaningful antitrust analysis of technology consortia is an
understanding of the underlying economics. The following chapter is
to briefly discuss the incentives of firms to cooperate, the
contrasting stability issues prevailing in an anti-competitive
cartel as opposed to innovation driven consortia, and the resultant
welfare implications in terms of the benefits and risks of
cooperation. This will allow an outline of the workable policy
approach to be pursued in applying antitrust law. The third chapter
focuses thereby on issues of antitrust analysis by distinguishing
between two main types of technology consortia and their role in
the innovation process. The assessment is to help the
identification of the essential elements in antirust analysis
ranging from relevant market definition to market power and
intellectual property rights (IPR). In the fourth chapter, EC
competition law is specifically examined against the discussed
policy approach. This includes a consideration of relevant
anti-competitive conduct relating to technology consortia under
Article 81, the relevance of block exemptions, and finally the
self-assessment under Article 81(3). In addition to a discussion of
the intersection between IPR and Article 81, this will continue to
be relevant for the assessment of IPR under Article 82. This
chapter will end with a recommendation as to how IPR policies of
technology consortia should be formulated to alleviate some
antitrust concerns. The final chapter is to conclude that both
intellectual property law and competition
General
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