The connection between IP and competition law may not be
immediately obvious. However, it is important to bear in mind that
competition law affects all commercial dealings, including
intellectual property transactions. By their nature, intellectual
property rights and, especially, patents, are anti-competitive.
They provide monopoly rights, which inevitably restrict entry into
the market of competing products.
European case law highlights the importance of the balance to be
struck between maintaining free competition and the requirement to
safeguard intellectual property rights.
The case we discuss below shows how important it is to keep in
mind the wide reach of competition law and how easy it is to get a
hefty fine for, in the eyes of the relevant authorities, abusing
the system.
