Trade Marks and Competition Law
In this chapter we will examine briefly the formal interaction between trade marks and competition law. We have seen that competition questions were raised in the previous chapter in respect of the potential function of trade mark rights as tools for compartmentalizing the common European market into national markets. We have also highlighted the competition arguments and rationale considered by the Court first in determining what constitutes a protectable trade mark and second in delineating the scope of protection. Here, the focus shifts to how trade mark rights and agreements involving trade marks are weighed up by competition law. The two primary competition rules that are described below deal with anti-competitive collusion (Article 101 TFEU, previously Article 81 EC) and abuse of market dominance (Article 102 TFEU, previously Article 82 EC).