The task of this book is, with respect to key jurisdictions globally, to provide an annual concrete and practical overview of developments on the relationship between antitrust and intellectual property. This edition, as the first edition, provides not only an update on recent developments but also an overview of the overall existing lay of the land regarding the relationship between the two bodies of law. Key topics covered in this and future editions include the constraints imposed by antitrust on licensing, the circumstances under which a refusal to license intellectual property rights can be unlawful, the imposition of antitrust obligations on owners of standard-essential patents, the application of antitrust law to cross-border e-commerce, the growing importance of intellectual property issues in merger cases, and the intense disputes regarding the application of antitrust law to patent settlements in the pharmaceutical industry.
As intellectual property continues to gain importance in the world economy, and as the number, resources and sophistication of antitrust authorities grows across the globe, new battles will be fought over the circumstances in which antitrust constrains intellectual property. Existing differences in the application of antitrust to intellectual property – already significant, and perhaps even greater than in intellectual property laws themselves – may grow, perhaps especially as more net intellectual property-consuming countries devote resources to
antitrust enforcement. Future editions of this book will analyse these developments and we hope the reader will find this to be a useful compilation and oft-consulted guide.
Thomas Vinje is partner and chairman of the global antitrust group at Clifford Chance LLP, as well as the co-chair of the firm’s public policy practice and head of its global technology practice. He is specialised in European Union antitrust and intellectual property law, especially in high-technology matters. Thomas graduated with high honours from Columbia University Law School in 1982. He is the author of numerous articles on intellectual property and competition issues and lectures at the Universities of Amsterdam and Zurich. He sits on the board of editors for Computer und Recht International and European Intellectual
Property Review. He is also a frequent conference speaker and commentator in the press on competition and intellectual property matters. Thomas has been widely recognised as a leading competition expert by publications, including Chambers and Partners, The Legal 500 and the Guide to the World’s Leading Competition and Antitrust Lawyers.
The publisher acknowledges and thanks the following for their learned assistance throughout the preparation of this book: