Antitrust Analysis Of Online Sales Platforms Copyright Limitations And Exceptions
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Antitrust Analysis of Online Sales Platforms & Copyright Limitations and Exceptions
This book gathers international and national reports from across the globe on key questions in the field of antitrust and intellectual property. The first part discusses the application of competition law to online sales platforms, which is increasingly a focus for anti-trust authorities around the world. A detailed international report explores which are the major challenges for competition law generated by the growth of online platforms. It provides an excellent comparative study of this complex and challenging subject. The second part of the book gathers contributions from various jurisdictions on the topic “To what extent do current exclusions and limitations to copyright strike a fair balance between the rights of owners and fair use by private individuals and others ?" This section presents an international report, which offers an unparalleled comparative analysis of this topic, bringing together common themes and contrasting thevarious national provisions dealing with exceptions to copyright, amongst other things. The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.
Competition Law Analysis of Price and Non-price Discrimination & Abusive IP Based Legal Proceedings
This book gathers national and international reports from around the globe on key issues in the field of antitrust and intellectual property. Its first part discusses to what extent competition law should be concerned with differences in prices, terms and conditions, or quality that suppliers offer different purchasers. A detailed international report explores the major trends and challenges in this field and provides an excellent comparative study on this complex and challenging subject. In turn, the second part examines whether there should be legal restrictions on the ability of persons who claim, without sufficient justification, to hold IP rights that have been infringed on, to bring, or to threaten to bring, legal proceedings based on such claims against their competitors or others. In this regard, the book brings together the current legal responses across a number of European countries and elsewhere in the world, all summarised and elaborated on in an international report. The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following debates on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.
The Copyright-Competition Interaction within the EU
This book provides a comprehensive analysis of the copyright-competition interaction issue in the EU and provides a sustainable method of approach. The research identifies several approaches to the copyright-competition issue some of which were extensively applied in practice, while others were considered more theoretical. However, none of the discussed approaches has proved to be an adequate fundament to understanding the copyright-competition interaction issue, and there is still a considerable disagreement on how to deal with this matter. It is vital to start with the relationship between copyright law and competition law to overcome the flaws of the identified approaches. The issue can be elegantly settled through the existent principles of both laws. From the perspective of copyright law, the application of competition law is a limitation of the author's right in a broader sense originating outside of copyright law. From the perspective of competition law, the presence of copyright should be comprehended as a specific situation in which the focus should mainly be on the effects of copyright instead of allocation and productiveness; at the same time, the concept of authorship should be taken into consideration in the light of consumer welfare. Only after the fundamental approach to the copyright-competition interaction issue is settled is it possible to analyse specific situations further. In practice, several types of exercises have been recognised as the matter of the copyright-competition interaction. The research focuses on the interference between the exercise of copyright and competition rules on prohibited agreements (i.e. licensing practices) and abuse of dominant position (i.e. refusal to license copyright). Each situation is analysed separately based on the common understanding of the copyright-competition interaction issue and following the fundamental principles of copyright law and competition law. In doing so, a detailed critical analysis of the relevant case-law and literature is provided. After the analysis of the relevant case-law and doctrine for both situations are conducted, the research produces a specific approach and method of analysis specific for the copyright-competition interaction cases dealing under Article 101 and Article 102 TFEU. It should be noted that the approaches are primarily construed from the perspective of copyright civil law tradition and EU competition law, although such approach might as well be considered in other legal systems and traditions. In the end, a special view is given to the digital industry sector and the assessment of further potential developments in that field that might potentially fall under the scope of the copyright-competition interaction issue.