19 December 2005

EC Competition: Review of Art 82

Some months ago, Neelie Kroes announced a review of the enforcement of art 82 of the Treaty of Rome. To aid the discussion a staff paper has been published today which I have skimmed briefly. There are a number of references to intellectual property licensing though it appears to me to be pretty well IPR neutral. The paper proposes a framework for the continued rigorous enforcement of the article and also for analysing abusive exclusionary conduct. The Commission invites comments by 31 March 2006.

For more information, see the Commission's press release, a speech by the commissioner to Fordham law school on 23 Sep 2005 and a paper by some continental academics to whom the Commission appears to be paying regard.

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