
doi: 10.2139/ssrn.2577808
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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