Competition law and the effectiveness of intellectual property rights: A revolution in the making?

Abstract The article examines whether the relationship between EU (or national) competition law and intellectual property rights may undergo any developments following the recent set of decisions by the French Competition Authority against Google. In these decisions, competition law was used to improve the effectiveness of press publishers rights granted by the Directive on copyright and related rights in the Digital Single Market. Therefore, competition law had rather a supporting role vis‐à‐vis certain intellectual property rights, instead of constituting an external layer and limiting excessive forms of exercise of intellectual property rights. We argue that while there is no shift in paradigm on the interface between EU competition law and intellectual property rights, the discussed decisions do contribute to this debate by putting that relation in a different context when intellectual property holder suffers from anti‐competitive conduct and might pave the way to a fruitful interface in the future.

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Publication Details

Journal
European Law Journal
Published
2025-10-01
DOI
https://doi.org/10.1111/eulj.70013
Primary Topic
Intellectual Property Law
Type
article
Field-Weighted Citation Impact
0.00
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article

Competition law and the effectiveness of intellectual property rights: A revolution in the making?

Michalina Kowala, Miłosz Malaga
European Law Journal
Intellectual Property Law
article

Competition law and the effectiveness of intellectual property rights: A revolution in the making?

Michalina Kowala, Miłosz Malaga
article en

Abstract

Abstract The article examines whether the relationship between EU (or national) competition law and intellectual property rights may undergo any developments following the recent set of decisions by the French Competition Authority against Google. In these decisions, competition law was used to improve the effectiveness of press publishers rights granted by the Directive on copyright and related rights in the Digital Single Market. Therefore, competition law had rather a supporting role vis‐à‐vis certain intellectual property rights, instead of constituting an external layer and limiting excessive forms of exercise of intellectual property rights. We argue that while there is no shift in paradigm on the interface between EU competition law and intellectual property rights, the discussed decisions do contribute to this debate by putting that relation in a different context when intellectual property holder suffers from anti‐competitive conduct and might pave the way to a fruitful interface in the future.

European Law JournalVol. 31(3)
Adam Mickiewicz University in Poznań (PL)
Openalex Percentile: Top 47%
Intellectual Property Law
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