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Nowadays the objective of strengthening scientific and technological bases is not only the goal of individual states but an objective of integration organisations as well. Both European and Eurasian legal systems consider competition a key element for economical and technological development. Rivalry between various research institutes is an essential driver of economic and scientific efficiency, in absence of which the dominant undertaking would lack adequate incentives to continue to create. Sometimes further technological development is impossible without an access to technological solutions owned by dominant undertaking refusing to grant such access. In this case it is necessary to find a due balance between intellectual property rights of such owing undertaking and necessity of requesting company. The EU case law developed a test allowing to asses whether the refusal to make a deal granting an access to a new technology complies with EU law or amounts an abuse of a dominant position. This paper deals with key elements of this test – i.e. (1) the refusal must be likely to eliminate all competition in the market on the part of the person requesting the service; (2) the refusal must be incapable of being objectively justified; (3) the service in itself must be indispensable to sustain the business; (4) there must exist no actual or potential substitute for the service in question – and studies perspectives of using the same test within Eurasian Economic Union.

Refusal to deal in the field of technologies as a form of abusing of a dominant position in European and Eurasian unions law