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Competition Law/IP Interface

Solutions-focused, our EU, trade and competition experts help clients to identify and manage competition law risks in relation to the use of their IP rights. Our experts also advise clients on appropriate action that may be taken to ensure that their competitors comply with competition law when asserting IP rights.

Experienced in advising on highly-complex IP cases, our EU, Trade and Competition lawyers have an in-depth understanding of the competition law issues associated with the assertion and commercialisation of IP rights in the European Union (EU). Working with the firm’s award-winning IP team, we have the skills and resources to enable clients to address these issues before national authorities and the EU institutions, including the European Commission.

Our recent experience includes advising clients in the following sectors.

TMT

  • A major participant in voluntary telecommunications standardisation in defending a complaint made to the European Commission by an international telecommunications company.
  • A major participant in voluntary telecommunications standardisation on EU competition law issues arising in the context of two of the largest patent disputes brought before the English courts.
  • Members of a key patent pool on EU competition law issues relating to the assertion of pooled patents against manufacturers of specific products in the context of the pool’s licensing programme.

Pharma

  • A leading biosimilar company in relation to making a complaint to the European Commission alleging certain patent-related abuses of dominance by a major pharmaceutical company.
  • A major pharmaceutical research organisation on EU competition law issues arising in the context of a proposed patent licensing agreement intended to settle ongoing litigation.
  • A key research institution in relation to the application of EU competition law to its licensing programme.

Manufacturing and technology licensing

  • A manufacturer of aircraft seating on EU competition law issues in relation to a patent litigation action before the High Court, and on making a complaint to the European Commission, alleging certain patent-related breaches of EU competition law.
  • A leading printer manufacturer in defending a counterclaim advanced in proceedings before the English courts, alleging certain breaches of EU competition law arising from the use of its patents.
  • Numerous technology sector clients in respect of the compatibility of their licensing agreements and arrangements with EU competition law.

Key Contacts

Bernardine Adkins
Bernardine Adkins

Samuel R Beighton
Samuel R Beighton

Meet our Competition Law/IP Interface professionals

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Related Insights & Resources

Brexit - the impact on EU competition law

Bernardine Adkins

Articles 29 September 2016

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