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Publications
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The Role of Investments
in Refusals to Deal, World Competition, 2008-1, p.
63-88.
This article discusses
the role of investments in essential facility cases. The
purpose of this article is twofold. First, it observes
that many 'essential facility' cases seem to originate
from allocation of rights rather than from
anticompetitive conduct. Second, it proposes that courts
attribute a more significant role to the analysis of
investments underlying these facilities.
Winner, 2008 World Competition Young Writer's Award.
Article available online
via Kluwer
Law Online (subscription only).
06.12.2007
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Essential Interfaces:
Exploring the Software Directive's equilibrium between
intellectual property rights and competition law, Computer
Law Review International, 2007-5, p. 129-137.
This article examines
what role competition law can fulfill in addition to the
Software Directive's reverse engineering provisions. In
particular, this article examines whether mandated
access to interface information is indispensable as
required by European case law on refusals to deal. It
concludes that for access to interface information,
competition law can probably accomplish less than the
Software Directive's reverse engineering provisions due
to the very existence of these provisions. However,
competition law may remain valuable in case use of
successfully reverse engineered yet protected interface
specifications is impossible due to a refusal to license
them.
06.12.2007
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Updated
15.09.2009
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