This workshop featured sessions held by Jacques-Philippe Gunther (Willkie Farr & Gallagher), Lucas Peeperkorn (DG Comp), and Oxera’s Dr Avantika Chowdhury. Dr Chowdhury provided an economic analysis of grant-back obligations and settlement agreements. She first examined the relationship between IP and competition law, highlighting that a good balance may be hard to find, since they use opposite means (i.e. IP law’s objective is to provide protection from competition) while seeking the same purpose (i.e. to enhance innovation and consumer welfare). Dr Chowdhury then focused on exclusive grant-back obligations and settlement agreements, before concluding that the new rules appear to focus on licensees and follow-on innovation.
The full synthesis, photos of the event and the slides are available on the Concurrences website.