Competition law and the obligation to supply

While accepted in theory and practice that an obligation to supply, ser-vice or license can emerge under competition law, the scope of this is subject to many, if not lacunas, at least ambiguities, and no general ob-ligations of such nature can, no should, be identified. Further, and equally important, the narrow set of circumstances warranting inter-vention against refusals is defined by competition law in accordance with its underlying principles of a predominantly economic nature. Hence, competition law should not be relied upon as a corrective in-strument to lacunas in other areas of law, e.g. compulsory licenses un-der IP law. Below, some considerations regarding the obligation to sup-ply under competition law are offered for the purpose of correcting the misunderstandings.