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Department

Intellectual Property and Competition Law

The aims of the Max Planck Institute for Intellectual Property and Competition Law lie in fundamental research of current, future-oriented questions surrounding the protection of intellectual property, such as inventions or creations as well as the regulation of competition mechanisms and behavior. The point of departure in defining the Institute's research topics are primarily phenomenological questions from which specific, long-term examined fields of researchare formed. Within these fields of research, the Institute determines mid-term variable main areas of researchwithin which various types of partially interdisciplinary research projects are located.

 

Field of Research
Intellectual property law and competition law between the marketplace and regulation

 

Main Area of Research
Legal and economic framework of the pharmaceutical industry

 

Main Area of Research
The Music Market

 

Main Area of Research
Legal and economic framework of markets for information goods and for information technology

 

Main Area of Research
Sport

 

Field of Research
The coherence of intellectual property law with competition policy

 

Main Area of Research
Exploring differences and commonalities in the intellectual property system

 

Main Area of Research
Overlaps

 

Main Area of Research
Coherency of IP Rights and Unfair Competition Law

 

Main Area of Research
Coherency of Antitrust Law and Unfair Competition Law

 

Field of Research
Promotion of innovation through intellectual property law and competition law

 

Main Area of Research
Incentive mechanisms

 

Main Area of Research
'Green' Antitrust Law

 

Main Area of Research
Competition in Innovation

 

Field of Research
Intellectual property law and competition law in the European Union

 

Main Area of Research
Union-Wide Intellectual Property Rights and Systems

 

Main Area of Research
Objectives of the European Union in Intellectual Property and Competition Law

 

Main Area of Research
Procedural Law

 

Field of Research
Intellectual property law and competition law in a global legal order

 

Main Area of Research
The Fragmentation of International Intellectual Property Law

 

Main Area of Research
The Concept of Territoriality and Its Impact on International Intellectual Property Protection

 

Main Area of Research
Global Competition Order

 

Field of Research
Enforcement of rights

 

Main Area of Research
Balance of interest

 

Main Area of Research
The structures of law enforcement

 

Main Area of Research
Alternative Dispute Resolution

 

Field of Research
The methodological basis of antitrust law

 

Main Area of Research
The Economic Approach to Competition Law

 

The economic approach to antitrust law means that an antitrust law evaluation of business behaviour is made dependent upon the concrete economic impact on the relevant market. The effects are in particular measured by efficiency standards. According to such standards, business behaviour counts as permissible when it does not lessen welfare. In this regard, different standards of welfare are taken into consideration, in particular the consumer welfare standard or the total welfare standard.

In European antitrust law, the development of an efficiency-oriented approach has been discussed under the catchphrase 'the more economic approach'. In the meantime, in the official practice of the Commission and the Member States, the inclusion of economic expert opinions has become standard. In addition, economic insights are increasingly considered in legislation and in the publication of directives. The European Court of Justice and the German Federal Supreme Court have been more reserved. In particular, they reject the exclusive orientations of antitrust law along the lines of a welfare standard. In this regard, they partly follow the strong opposition of some European scholars with a sceptical attitude towards the more economic approach.

Today there is no longer any doubt that an economic examination of traditional antitrust rules is necessary. In the Institute's antitrust research, the inclusion of economic insights is a matter of course. The research of the antitrust law department at the Institute, however, extends beyond questions of how economic insights can be translated into legal regulations and how legal security can be ensured in an effects-oriented approach. The antitrust department rather examines the turn to economics through three fundamental research approaches:

1. The more economic approach leads to shifts in the foundations and fundamental assumptions of antitrust law. These evaluations and preliminary decisions need to be exposed and normatively categorised. Their legitimacy is in no way certain; rather, academic discussion is required, especially because the supposed certainty of economic pronouncements often leads to their premature acceptance.

2. Industrial economics has a bias in favour of price competition which can be modelled in better ways than other forms of competition. Both the protection of dynamic efficiency and innovation competition suffer under this mindset as do free competition and market processes. The inherent limits of industrial economics may possibly be qualified through a legal policy analysis and through taking on impulses from disciplines such as innovation research and institutional economics or the behavioural sciences.

3. The economic approach, as a cross-sector topic of antitrust law, is also of fundamental significance for other antitrust law questions: How can an increasingly private enforcement of laws be reconciled with economic thinking? Which role does economics play in the international dimension of antitrust law? And how can the experiences of antitrust law specialists with the integration of economics enrich other areas of law, in particular those that seem ideally suited to pick up modern ideas of economic thinking?

Projects

Dissertation
Intellectual Property and Competition Law

Assessment of Per se Unlawful Vertical Agreements under Competition Law

Darius Miniotas

 
Dissertation
Intellectual Property and Competition Law

Der Schutz des Lieferanten im Kartellrecht

Markus Raeder

 
Dissertation
Intellectual Property and Competition Law

Devising a methodology for the assessment of economic evidence in dispute settlement

Nicolo Zingales

 
Dissertation
Intellectual Property and Competition Law

Die Behandlung der tacit collusion im deutschen und europäischen Kartellrecht

Fritz Schuchmann

 
Dissertation
Intellectual Property and Competition Law

Die Berücksichtigung der Leistungsfähigkeit von Bußgeldadressaten gemäß Ziff. 35 der Bußgeldleitlinien 2006

Olympia Skreti

 
Dissertation
Intellectual Property and Competition Law

Entry Analysis in Latin American Competition Law Enforcement – Why Development Matters

Francisco Beneke

 
Dissertation
Intellectual Property and Competition Law

Kartellrecht und Rechtsmissbrauch - § 242 BGB als Marktstrukturinstrument unterhalb kartellrechtlicher Aufgreifschwellen

Stefan Zenker

 
Dissertation
Intellectual Property and Competition Law

Kartellrechtsrelevante Marktmanipulationen – Die Europäische Marktmissbrauchsverordnung und der Schutz des Wettbewerbs auf dem Kapitalmarkt

Sebastian K.-G. Seier, Prof. Dr. Josef Drexl

 
Dissertation
Intellectual Property and Competition Law

Konzerndimensionales Kartellrecht – Grundsatzfragen der Zurechnung und Haftung bei Bußgeldbescheiden gegen verbundene Unternehmen

Stefan Hackel

 
Dissertation
Intellectual Property and Competition Law

Market Definition as An Instrument of Competition Law. Comparative Study of Europe and Vietnam

Thi Thu Ha DAO

 
Further research project
Intellectual Property and Competition Law

The Interaction between Competition Law and Corporate Governance: Opening the “black box” of the firm

Dr. Florence Thepot

 

Main Area of Research
Methodological Challenges of Protecting Competition in Innovation

 

Field of Research
The social contribution and legitimacy of intellectual property law

 

Main Area of Research
Functions, objectives, values and evaluation criteria

 

Main Area of Research
Ceilings of Intellectual Property Protection

 

Main Area of Research
Acceptance of Intellectual Property Rights