Comments of the Max Planck Institute for Intellectual Property, Competition and Tax Law on the directorate-general competition discussion paper of december 2005 on the application of art. 82 of the EC treaty to exclusionary abuses

The Max Planck Institute for Intellectual Property, Competition and Tax Law is a research institute within the Max Planck Society for the Advancement of Science. With its expertise in these areas of law, and an emphasis on comparative analysis, it takes the economic and technological aspects of the law into account. The Max Planck Institute contributes to answering fundamental legal questions, and provides impulses for legal developments at national, European and international levels. The Max Planck Institute hereby submits its comments on the Directorate-General Competition discussion paper on the application of Art. 82 of the EC Treaty to exclusionary abuses. Although some remarks will be made on the general analytical framework envisaged for exclusionary abuses, the focus of these comments will be on the Commission's approach to exclusionary abuses involving intellectual property rights.