229As regards the relevance to be attached to intellectual property rights, the EFPIA disputes the Commission’s allegation in recital 517 of the contested decision that the intellectual property and other rights which AZ derives from ‘pharmaceutical law for the protection of its technology’ are one of the principal factors in determining dominance. That consideration is in conflict with the case-law, which has refused to accept the notion that the mere existence of intellectual property rights can give rise to market power (Case 238/87 Volvo [1988] ECR 6211; Joined Cases C-241/91 P and C-242/91 P RTE and ITP v Commission [1995] ECR I-743, ‘Magill’; and Case C-418/01 IMS Health [2004] ECR I-5039).
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