Drexl, Josef --- "Is There a ‘More Economic Approach’ to Intellectual Property and Competition Law?" [2008] ELECD 244; in Drexl, Josef (ed), "Research Handbook on Intellectual Property and Competition Law" (Edward Elgar Publishing, 2008)

Book Title: Research Handbook on Intellectual Property and Competition Law

Editor(s): Drexl, Josef

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845420475

Section: Chapter 2

Section Title: Is There a ‘More Economic Approach’ to Intellectual Property and Competition Law?

Author(s): Drexl, Josef

Number of pages: 27

Extract:

2 Is there a `more economic approach' to
intellectual property and competition law?
Josef Drexl



1 Introduction
European competition law has been undergoing a fundamental reform for
several years. As to the standard of control, this development started with the
adoption of the so-called Umbrella Regulation No. 2790/1999 on vertical
agreements.1 It continued with the adoption of the Guidelines on the applica-
tion of Article 81(3) EC2 and the new Merger Regulation3 in 2004 and is now
about to be continued in the current process of preparing guidelines on Article
82 EC.4 The leitmotiv of this reform, generally known as the `more economic
approach',5 has been described by former EC Competition Commissioner
Mario Monti in the following words:6 `In making this revision, we have
shifted from a legalistic based approach to an interpretation of the rules based
on sound economic principles'.


1 Commission Regulation (EC) No. 2790/1999 of 22 December 1999 on the
application of Article 81(3) of the Treaty to categories of vertical agreements and
concerted practices, OJ 1999 No. L 338, p. 21.
2 Commission ­ Notice ­ Guidelines on the application of Article 81(3) of the
Treaty, OJ 2004 No. C 101, p. 97.
3 Council Regulation (EC) No. 139/2004 of 20 January 2004 on the control of
concentrations between undertakings (the EC Merger Regulation), OJ 2004 No. L 24, p. 1.
4 The process of drafting such guidelines officially commenced with the publi-
cation of the DG ...