Since formation of the European Economic Community (EEC), or the Common Market, by the Treaty of Rome of March 25, 1957, both licensors licensing into, and licensees licensing from, the EEC have had to concern themselves more and more with the effect of the Treaty articles on licensing into and out of the Common Market. The law of competition in the Community has been undergoing increasingly rapid development and refinement.
Not surprisingly, the emerging Community law governing competition has tended increasingly to model itself on the large and intricately developed body of antitrust law existing in the United States. Perhaps this result was bound to occur when one considers that United States antitrust law had been developed through statutes, and particularly through case-by- case interpretation of the statutes, over a period of 67 years before the Treaty of Rome came into existence.
Recently, through decisions of the EEC Commission and the European Court of Justice, the adoption of American principles of antitrust law has been accelerating, and this trend probably will continue.
Finnegan, Marcus B.
"The Burgeoning Development of the Common Market Competition Rules and Its Impact on International Licensing,"
Mercer Law Review: Vol. 27:
2, Article 9.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol27/iss2/9