In this paper we analyse the right to access documents for cartel victims and cartel members. We start with an analysis of the case law from the European Court of Justice and the General Court. The effects of the new Private Enforcement Directive will thereafter be scrutinized. These two...

This article discusses several aspects of the Digital Economy. Firstly, the Intellectual Property landscape of the soon to come Internet of Things is drawn up, discussed and scrutinized, and the current issue whether non-personal digital data should become a property right, in-itself, is...

This short article was triggered by the recently delivered preliminary ruling by the CJEU in the Compass case. The case is important since it raises difficult questions regarding when a public sector body should benefit from the application of EU competition law in general and is specifically...

The aim of this paper is to provide an analysis of the application of EU competition law to standard-setting, by looking at case law under both Articles 101 and 102 TFEU. I will try to show that there is, and should be, a difference in competition law treatment of standards and standard-setting...

In the Smart Urban society all devices and service providers will monitor, collect data and exchange data, whilst the device producers and service providers will store, distribute, analyse and re-use data on a grand scale. If firms would like to combine data, they need to give each other access...

The Huawei case has been long awaited and many in academia hoped that it would finally deliver answers to when and on what terms access to so-called Standard Essential Patents would be granted under EU Antitrust law. However, the question is if Huawei is that case. On the contrary, it seems that...

Many questions concerning the UPC’s jurisdiction during the transitional period for European Patents under Article 83 UPCA remain unsolved. Focusing on the “opt in” and “opt out” choices under Article 83 (3) & (4), this paper discusses the legal nature and prerequisites of these...

The interface between the legal systems triggered by the creation, distribution and consumption of Data is difficult to grasp, and this paper therefore tries to dissect this interface by following information, i.e. ‘the data’ from its sources, to users and re-users and ultimately to its...

Powerful platforms that ‘hoard’ data in ecosystems, prevents the possibility to access or port data, or restrict interoperability may risk violating competition law. However, the general doctrine for triggering the refusal to supply abuse under Article 102 TFEU sets high thresholds. Data and...