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'This book brings to bear Professor Maggiolino's considerable
skills as a comparative competition law scholar on what is perhaps
the single most important competition policy issue facing us today
- namely, how to use IP policy and competition policy in tandem to
further both economic competition and competition in innovation.
Professor Maggiolino's book covers a large range of IP practices by
dominant firms where competition law can be invoked, including
'sham' litigation and product design, improper infringement
actions, predation, and refusals to license. This book is well
researched, well written, and completely up to date. Every serious
competition law/antitrust and intellectual property scholar and
practitioner should regard it as 'must' reading.' - From the
foreword by Herbert Hovenkamp, University of IowaThis insightful
book compares how the US and EU antitrust authorities have enforced
Section 2 of the Sherman Act, and Article 102 of the TFEU against
monopolists' practices involving intellectual property rights. The
discussion comes in the wake of the great interest engendered by
the interface between antitrust law and intellectual property
rights, considering that the ongoing integration of markets pushes
countries towards a harmonization of their legal systems.
Mariateresa Maggiolino takes this inquiry forward by confronting
the two jurisdictions' legal standards with current economic
thinking, and discusses the policy suggestions that result. In
addition, topics that are usually treated separately are
effectively combined. The legal analysis is frequently connected
and compared to the past and present economic thinking and
Mariateresa Maggiolino expertly embraces the historical, cultural
and policy perspectives. This unique book will therefore prove
enriching for academics and postgraduate students of law and
industrial organization. Contents: Preface by Herbert Hovenkamp;
Introduction; 1. Antitrust Law, IPRs and Economics: the Leeway for
Policy Choices; 2. Section 2 and Article 102(b): The Antitrust
Roots of the Antitrust-IP Interface; 3. Ownership of IPRs; 4.
Predatory System Innovations; 5. Refusals to license IPRs; 6. IP
Judicial and Administrative Processes; 7. Conclusion; Bibliography
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