| Abstract [eng] |
Balancing the relationship between EU competition law and intellectual property rights is one of the most problematic areas of EU competition law, involving a complex balancing of different protected values and interests. The problem in this area is heavy by the fact that in practice it tends to arise in technology markets which are different from traditional markets and which are changing the traditional perception of the competitive environment. Despite the domination of complementarity approach between EU competition law and intellectual property law in recent years, there is still a lack of clarity in theory and practice as to how exactly the complementarity approach should be interpreted and implemented from an EU competition law perspective, assessing the legality of undertakings actions which is based on intellectual property rights in a way that does not undermine the effectiveness of intellectual property protection and is consistent with the EU's strategic objective of stimulating innovation in technology markets. Based on the ideas from theory of the creative destruction, the theory of the Chicago School, as well as the theory of contested markets, including features of the competitive environment in technology markets the dissertation reveals the further development of the complementarity approach and its interpretation. The thesis develops the position that EU competition law and intellectual property law are complementary, depending on the innovation cycle in the market structure and different form of competition by innovation. The thesis identifies the principles that show how, depending on the innovation driven competition process, the complementarity approach under Article 102 TFEU can be implemented to assess the legality of specific actions of undertakings based on intellectual property rights in technology markets in a way that does not undermine the effectiveness of intellectual property protection and is consistent with the EU's strategic objective of stimulating innovation in technology markets. Therefore, the dissertation is a new and original academic attempt from an interdisciplinary-legal perspective to further develop thcomplementarity approach and to reveal its practical applicability in technology markets. |
