Category Archives: Competition Law

Competition Law

Competition Bill in India: The nexus with IP


At long last!! After being stuck for some years, the Competition Bill is finally passed by the Lok Sabha (lower house of Parliament in India) . It has yet to clear the Rajya Sabha (upper house) and signed by the President before it becomes law. SpicyIP carried some interesting posts on the Iphone (thanks to Aysha) where we highlighted some of the possible ways in which the competition authority in India might intervene to correct IP abuses in India. The…


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Competition Law

THE RESURGENCE OF PRICE CONTROLS IN INDIA


In an earlier blog posting, I’d noted: “…pharmaceutical patents are not “bad” per se, as some of the statements in the press would have us believe—rather, as with most other things in life, they are susceptible to “abuse”. In this regard, it is important to strike a distinction between the grant of a patent and the regulation of its “use”. Our fears of a prospective abuse of a patent and excessively high prices should not cause us to deny patent…


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Competition Law Innovation

iPhone and Antitrust Implications: US vs EU vs India


To continue our fascination with the iPhone (see Aysha’s earlier post), I picked up an interesting news item pertaining to the antitrust implications of Apple’s exclusive deal with AT&A (Cingular). If this issue cropped up in Europe, I could bet a thousand horses that the EC Commission will be far more likely to clamp down on the deal and hold that the “exclusivity” agreement between Apple and AT&T violates EU competition law norms. The EC is much more intrusive than…


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