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Refusal to License- Intellectual Property Rights as Abuse of Dominance

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Claudia Schmidt

Refusal to license intellectual property rights (IPRs) are an ongoing topic within the enforcement of Article 102 TFEU (ex Article 82 EC). Nevertheless, so far an economic founded instrument to analyse these cases is missing. To close this gap, the Innovation Effects and Appropriability Test will be developed throughout this book. Innovation research has been showing that firms rely on more appropriation mechanisms than only IPRs. The availability of these alternative instruments depends on the involved technologies, the kind of innovation, the concerned industry and so on. Consequently, it is in the centre of the Innovation Effects and Appropriability Test to analyse whether the dominant firm could rely on other appropriation instruments to protect its innovation and to recoup its investments in R&D.

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Table of Abbreviations XIII

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Table of Abbreviations CFI Court of First Instance DoJ U.S. Department of Justice EC Treaty establishing the European Community ECJ European Court of Justice E.C.R. European Court Reports EEC Treaty establishing the European Economic Community FTC Federal Trade Commission IP Intellectual property IPR Intellectual property right ISOs Independent service organizations O.J. Official Journal of the European Commission TFEU Treaty on the Functioning of the European Union R&D Research and development TRIPS Agreement on Trade-Related Aspects of Intellectual Property Rights ToL Treaty of Lisbon UCLA University of California, Los Angeles WGS Working group server

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