Snowden, ScoutUniversity of Arkansas at Little Rock Law Review
The Court starts off citing the classic case-law on definition of abuse (§ 45) and recalls the fact that exercising the rights that form part of an IPR cannot in itself constitute an abuse of dominance; an abuse will only exist in exceptional circumstances (§§ 46-47). It then goes o...
I am ready to guess that the formula chosen by the Court (‘sufficient degree of harm to competition’) will give rise to speculation about its exact scope and meaning (I have my answer, but it would be the nth time I write about it in the blog). It is also necessary to read some...
Constitutional Law: Gag Me with a Prior Restraint: A Chilling Effect that Sends Shivers down the Spines of Attorneys and the MediaBy Cynthia M. Nakao, Published on 03/01/87Cynthia M. NakaoLoy.ent.l.j
For decades the Spanish Constitutional Court has been affirming that the Constitution rejects the 'chilling effect' on the exercise of fundamental rights. It is a notion that he borrowed from the American and European systems. However, its use in the Spanish case law...