A critical analysis on the intersection of Competitio law and Standard Essential Patents in the EU

The point of conflict between competition law and patent law is mainly on the objectives of these two policies. Whereas competition law encourages market pluralism, patent law promotes exclusive exploitation of patented-technology by patent holders. Despite this asymmetrical purposes both policies compliment each in promoting innovation, dissemination of technology, and developmentof a vibrant economy. The interface between these two should be treated cautiously since a preferential treatment of one over the other can have adverse consequences in the development of the economy. Admittedly competition law is very crucial in regulating anti-competitive conduct by cartels and monopolies that will affect the interests of the society. On the flip side, the enforcement of anti trust policies should not be overly applied to the extent of eroding the spirit of innovation and investment in beneficial technology. In the face of this aggressive global market, promotion of innovation and competition law are crucial in maintaining a competitive edge. Wherefore a balance must be struck