However, it is important to note that facilitated procedures for the grant of such licenses will only be available to the extent that the patent holder’s behaviour has been characterized as anti-competitive (Article 31 (k), TRIPS Agreement). An existing exclusive right may contribute to the establishment of a dominant position in a given market, which in turn may enable the right holder to have recourse to predatory pricing practices. Where, by contrast, the patent does result in actual market exclusivity, the rights holder might have recourse to predatory pricing after compulsory licenses have been granted to generic competitors.