ARTICLE
26 March 2021

Podcast: Identifying The Relevant Market & How To Tell If Patentees And Potential Infringers Are Competitors

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Identifying the relevant market & how to tell if patentees and potential infringers are competitors.
UK Antitrust/Competition Law
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In the third episode of our podcast series, Sophie Lawrance and Katie Cambrook provide some key insights into the identification of the "relevant market" and the assessment of whether the parties to a patent settlement are competitors. As well as setting out the basics, they explore some of the nuances – touching on the particular difficulties associated with identifying the relevant market in a pharmaceutical setting and what the Court of Justice has (and has not) said about different types of patents and regulatory rights.

To help illustrate some of the complexities associated with the definition of the relevant market in a pharmaceutical setting, this podcast is illustrated by a simple animation which you can watch below.

Listen to the next episode: Restrictions of competition 'by object' – what does this mean and why does it matter?

For more information on the work we do, see our patent litigation and competition litigation practice area pages.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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