Our lawyer Jéssica Coelho Costa had an article published in the latest issue of Revista do CADE, under the title “Intellectual Property and Competition Law: analysis of the application of the state action doctrine from the ANFAPE case ruling”.
“The experience of the regulated sectors and the complementarity between regulation and the defense of competition can contribute to the solution of antitrust conflicts involving the exercise of intellectual property rights. In this sense, it is understood that the North American theory of state action doctrine, applicable to regulated sectors and here extended to the understanding of intellectual property defense laws, could be applied by analogy as an adequate alternative to define in which cases there would be or no limitations on intellectual property, when the analysis in the context of a sanctioning administrative process identifies anti-competitive effects over which there is no express authorization or constant review process for the authorized conduct. ”
The full article in Portuguese is available here.