Antitrust analysis of tying arrangements and exclusive dealing

Abbott, Alden F.; Wright, Joshua D.

doi:10.4337/9781849805285.00014

Cited by 3 publications

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“…Among them, some MNEs with technological advantages abuse their dominant market position and engage in tying monopoly, which is worthy of concern. Tying refers to the seller or licensor forcing the buyer to accept, purchase or use the products, patents, or services it does not need [2]. Moreover, with the progress of science and technology as well as the long-standing interweaving of IP Law and Antitrust Law, MNEs often use their own patent advantages to carry out patent tying monopoly.…”

Section: Introductionmentioning

confidence: 99%

Antitrust Regulation in the Field of IP of MNEs in the New Era: Starting with the Patent Tying Behaviour from the Perspective of Comparative Law

2022

EHSS

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With the vigorous development of patented technology, the problem of some large multinational enterprises implementing monopoly behaviour by abusing intellectual property rights such as patent tying is becoming more and more prominent. This has had a great impact on fair market competition, especially in those developing countries. Combined with the regulation of China’s Antitrust Law and other legal systems on this issue at the present stage, and based on the analysis of its imperfections, this paper explores the excellent achievements in international attempts such as the principle of the rationality of the United States and the comprehensive analysis method of the European Union. In the context of TRIPS, countries all over the world need to pay close attention to how to regulate the monopoly caused by the abuse of intellectual property rights, including patent tying. It is concluded that to better resist the monopoly of abusing intellectual property rights and develop the new driving force of a domestic innovative economy, China needs to start with the substantive concept and clarify the clear meaning, definition standards, and rank order of relevant legal concepts and systems. It also needs to up special authoritative law enforcement agencies to regulate the monopoly of multinational enterprises abusing intellectual property rights, innovate their punishment methods, strengthen the punishment, and better ensure fair market competition.

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Section: Introductionmentioning

confidence: 99%