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Commentary

172 Application of the Chapter II prohibition on market abuse to technology transfer agreements

INTELLECTUAL PROPERTY vol 21(1) patents and technology transfer

172 Application of the Chapter II prohibition on market abuse to technology transfer agreements

| Commentary

3: THE CHAPTER II PROHIBITION

In addition to anti-competitive agreements there is a restriction on market abuse (or abuse of a dominant position within that market) which is governed by the Chapter II prohibition1, as set out in the Competition Act 1998 Section 18:

  1. ‘(1)    … any conduct on the part of one or more undertakings which amounts to the abuse of a dominant position in a market is prohibited if it may affect trade within the

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