Competition law and the obligation to supply

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Abstract

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-li¬gations 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 supply under competition law are offered for the purpose of correcting the misunderstandings.
Original languageEnglish
Place of PublicationKøbenhavn
Number of pages19
Publication statusPublished - 15 Jun 2015

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