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Jin Meirong: On the Intellectual Property Licensing in Merger Remedies

Abstract

Intellectual property licensing is generally regarded as the better way of merger remedies than divestiture for its flexibility and adaptation to the quick development and changes of technology and sciences. According to the American and European experiences, the adoption of intellectual property licensing as merger remedy depends on the consideration of balancing competition and efficiency, and different control mechanisms of competition authorities. The effectiveness of the intellectual property licensing depends on several factors, such as the price, type and scope, etc.. In China, intellectual property licensing has occurred in several transnational merger cases as merger remedies, where merger parties are generally main transnational corporations in relevant markets possessing key technologies. American and European experiences have referential significance for China to enhance the relevant practices so as to maintain the effective competition of Chinese markets.

Keywords: Intellectual Property Licensing; Merger Remedies; Concentration of Business Operators

From: Peking University Law Journal 2017(1)

 
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