Intellectual Property and Competition Law: an analysis of the application of the state action doctrine in the face of the ANFAPE case

Main Article Content

Jéssica Coelho Costa

Abstract

This article intends to present a possible solution to the conflicts related to the likely anticompetitive effects regarding the exercise of intellectual property rights that are presented to the Administrative Council of Economic Defense (Cade) in administrative sanctioning proceedings. In this context, based on case study and literature review, it is analyzed the theory of the state action doctrine, originally attributed to regulated sectors, pointing this doctrine out as a possible solution for cases in which anticompetitive effects were not foreseen in the legislation, contributing to the discussion on the interaction between Competition Law and Intellectual Property Law and the potential conflict between these rules.

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Article Details

Section
Revista de Defesa da Concorrência
Author Biography

Jéssica Coelho Costa

Graduada em Direito pela UnB (2018). Assistente Técnica da Superintendência-Geral do CADE, atuando com investigações em cartéis em licitações de 2018 a 2019. Advogada do VMCA.