The application of competition law to intellectual-property-related cases may well be regarded as one of the most complex and critical fields of competition policy. Whereas in the past intellectual property and competition were mostly considered as contradictory concepts, it is today widely admitted that both fields of law, intellectual property and competition law, are meant to promote complementary goals, namely innovation based on dynamic concepts of competition. Still it largely remains disputed whether and under which condi- tions competition law may intervene and restrain the use of an intellectual property right. At this very moment this dispute also seems to be mirrored by transatlantic disagreement. In September 2007 the.
