vendredi 27 avril 2012

Exclusivity, exclusionary practices and remedies : the French case-law

A new article  “Exclusivity in High-Tech Industries: Evidence from the French Case”, witten with Patrice Bougette, Julien Pillot and Patrice Reis is published in the last issue of the European Competition Journal, (volume 8, n°1, April, pp.163-181). 

Its abstract : The iPhone exclusivity deal illustrates the complex issue of exclusive arrangements in high-tech industries. Previous law cases on broadcasting right restrictions also highlighted the risk of anticompetitive foreclosure through such contractual clauses. This paper questions the French competition authorities' decisions in the light of economic analysis. If such exclusive agreements foster incentives to invest and innovate, they may also be considered as exclusionary practices.

The paper is now available on SSRN :

lundi 23 avril 2012

Abuse of dominance : compulsory licensing as a remedy

A paper written with Julien Pillot in the last issue of the Journal of Innovation Ecoconomics, titled : 

"Intellectual Property Rights, Interoperability and Compulsory Licensing: Merits and Limits of the European approach "

An abstract :  The Essential Facilities Doctrine, albeit an American case-law creation, is also implemented in the European Union. While, since Trinko (2004), the US Supreme Court seems to challenge its implementation, European antitrust authorities tend to extend this doctrine to intangible assets. Focusing on European case-law, we observe several differences between American and European competition policies. This article highlights these dissimilarities - which are going much further than the sole implementation of the EFD - and underlines both the principles and the limits of the European approach. As a final purpose, this work tries to point up some of these differences’ origins. In this way, we argue that, if the US and the EU antitrust authorities are consistent with their respective conceptions of competition, these policies are not neutral on the innovation incentives. 

“Intellectual Property Rights, Interoperability and Compulsory Licensing: Merits and Limits of the European approach”, avec Julien Pillot, Journal of Innovation Economics, volume 9, n°1-2012, pp.35-61.