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SSRN Electronic Journal
Article . 2015 . Peer-reviewed
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Competition Law and the Obligation to Supply

Authors: Bergqvist, Christian;

Competition Law and the Obligation to Supply

Abstract

While accepted in theory and practice that an obligation to supply, service or license can emerge under competition law, the scope of this is subject to many, if not lacunas, at least ambiguities, and no general obligations of such nature can, no should, be identified. Further, and equally important, the narrow set of circumstances warranting intervention against refusals is defined by competition law in accordance with its underlying principles of a predominantly economic nature. Hence, competition law should not be relied upon as a corrective instrument to lacunas in other areas of law, e.g. compulsory licenses under IP law. Below, some considerations regarding the obligation to supply under competition law are offered for the purpose of correcting the misunderstandings.

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Denmark
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    popularity
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    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
bronze