IBA Annual Conference Copenhagen 2026

4 Oct - 9 Oct 2026

Session information

Not following the rules can cost you: anti-competition law used to punish improper IP enforcement

Thursday 8 October (1615 - 1730)

Committee(s)

Intellectual Property and Entertainment Law Committee (Lead)

Description

The panel will focus on the interaction between the enforcement of IP rights and competition law and particularly how the legitimate enforcement of exclusive rights can be reconciled with the prohibition of abuse of dominant position or economic dependency. While the uneasy coexistence between exclusive rights and competition law has kept regulators and courts busy for many years, it has come to the forefront again following the decision of the European Commission to fine the pharmaceutical company Teva not less than EUR 462.6m for abusing its dominant position to delay competition by playing a 'divisional game.' The panel will address questions about abuses of IP protection systems creating actionable competition abuses.