The Repeal of the IP Exception : Competition Law Exposure in the Pharmaceutical and Life Sciences Sector

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This article discusses a significant change to Australia’s competition regime and provides practical advice for businesses potentially affected (especially those in the pharmaceuticals and life sciences sector) regarding the removal of an exemption for conditions attached to the licensing or assignment of intellectual property (which previously excused anti-competitive/cartel conduct, provided it was not a misuse of market power or resale price maintenance).