The Master’s thesis examines the development and content of the institute regarding refusal to grant a licence by a dominant undertaking. This is a specific case of abuse of a dominant position, where, in order to achieve its objectives, competition law restricts contractual freedom and intellectual property of dominant undertakings. The author examines this infringement through the evolving case law of the Court of Justice of the European Union over the years. As part of the analysis, she also examines the application of the so-called essential facility doctrine in cases relating to intellectual property rights. Furthermore, the Master’s thesis deals with compulsory licensing, which has been introduced by the European Commission to remedy the established infringements of Article 102 of the Treaty on the Functioning of the European Union. With regard to compulsory licence, the author focuses on the powers of the European Commission and the economic justification for granting the licence. In line with the latter, she makes observations as to when the granting of a compulsory licence is justified. This is followed by a detailed discussion of the specific situations where IPRs are part of industrial standards. The Master’s thesis examines the practice regarding refusal to license standard-essential patents, focusing on the importance of making an irrevocable declaration to grant a licence on fair terms before a standard setting organisation.
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