Competition Law in Intellectual Property Litigation: The Case for a Compulsory Licence Defence Under Article 102 TFEU

"This article summarises the different approaches that national courts have taken on the admissibility of the competition law defence arising from the plaintiff’s obligation to grant a licence and then analyses the circumstances in which an IP action for injunction should be dismissed. Finally, the article examines the legal consequences of a legitimate competition law defence for the various liabilities for IP infringement."