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Learn about exploitative abuses under Article 82(a) such as unfair trading conditions by companies like GEMA and SABAM, exclusionary abuses like exclusive dealings by Hoffmann-La Roche and Tetra Pak II, and third kind abuses including discrimination on grounds of nationality or residence. Explore case studies of abusive use of IP rights, abusive licensing policies, and market-sharing practices.
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1. Exploitative abuses- Article 82(a) : unfair trading conditionsGEMA; SABAMTETRA PAK II- Article 82(b) : limitation of production, markets or technical developmentP & I Clubs; Port of Genoa
2. Exclusionary abuses - exclusive dealings : Hoffmann-La Roche, BPP, Tetra Pak II- abusive use of IP rights : + abusive registration of trade marks: Osram /Airam + abusive acquisition of licences: Tetra Pak II + abusive licensing policy
3. Abuses of the third kind ?- discrimination on grounds of nationality or residence: Sacchi; GVL- restrictions on parallel trade : Interbrew; United Brands- market-sharing or price-fixing : Decca; Flat Glass