Caught between giants: how the anticompetitive conduct of the big market players that operate IP-law protected content affects the small content creators and what remedies they have at their disposal. overview of the ECJ case-law from google to [...]
Caught between giants: how the anticompetitive conduct of the big market players that operate IP-law protected content affects the small content creators and what remedies they have at their disposal. overview of the ECJ case-law from google to [...]

Summary/Abstract: Article Title: Caught between giants: how the anticompetitive conduct of the big market players that operate IP-law protected content affects the small content creators and what remedies they have at their disposal. overview of the ECJ case-law from google to android cases // From the very beginning of its existence, marked by the emergence and operation of the Coal and Steel Economic Community and the European Economic Community, the European construction (currently reached the European Union phase) has been concerned (under the impetus of American economic-legal ideas, at least in the opinion of the author Ernst. B. Haas) of ensuring the existence of as fair, open, functional competition as possible, which would achieve the decartelisation of the main economic branches and protect both economic agents of small and medium magnitude and consumers from the effects harmful effects of a competitive environment vitiated by the culpable conduct of large economic agents. However, as the world economy as a whole and the European one in particular went through a seemingly natural transition from the preeminence of the industrial sector to that of information and services (constitute, in other words, a new economic stage, called in the specialised literature and in the institutional practice of the knowledge-based economy), the magnitude and effects of the anti-competitive practices previously used with a preponderance in the hard branches of the economy have also become evident in the soft ones. And, as many of the latter activities use copyrighted content, the legal remedies offered by the European Union's institutional and jurisdictional mechanisms have inevitably had to straddle the border between the fields of competition and intellectual property, using, in their evolution, elements from both these branches. We will refer to this winding, creative, and not infrequently challenging course in the study that we are now submitting to your attention.

• Details
• Contents