Lost in translation : The assessment under Article 102 TFEU in relation to intellectual property rights

Abstract: Intellectual property rights have a firm place within the European Union. Measures are taken to assure that such rights are secured and protected. Such rights are said to foster innovation, creation, competition and consumer welfare. EU competition law carries the same objectives. Yet, at the very same time, case law on EU competition law and the assessment under Article 102 - TFEU regarding abuse of a dominant position, indicates a failure to take notion of the rights of the intellectual property rights holder, and rather views the possession of such a right, and exploitation, in itself as an abuse, and a monopoly. Seemingly such handling of the matter creates a clear discrepancy between the two legal fields and creates an uncertainty with regards to when the exercise of an IPR, by a dominant undertaking, amounts to an abuse.