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The Intellectual Property-Antitrust Interface

U Iowa Legal Studies Research Paper No. 08-46

Issues in Competition Law, ABA, 2008

30 Pages Posted: 11 Nov 2008  

Herbert J. Hovenkamp

Univ. of Pennsylvania Law and Wharton Business

Abstract

This historical overview examines the relationship between antitrust policy and intellectual property in the United States since 1890. Over most of this history, judges imagined far greater conflicts between antitrust policy and intellectual property rights than actually existed, or else relied on sweeping generalizations rather than close analysis. For example, they often assumed that the presence of an intellectual property right led to anticompetitive effects where there was no basis for finding any injury to competition at all. At the other extreme, they often concluded that an intellectual property right immunized seriously anticompetitive conduct even when the intellectual property statute at issue did not authorize the challenged practice. True conflicts between antitrust and intellectual property rights are relatively rare.

Keywords: Antitrust, Monopoly, Patents, Standard Setting

JEL Classification: K00, K2, K21, L4, L41

Suggested Citation

Hovenkamp, Herbert J., The Intellectual Property-Antitrust Interface. U Iowa Legal Studies Research Paper No. 08-46; Issues in Competition Law, ABA, 2008. Available at SSRN: https://ssrn.com/abstract=1287628

Herbert J. Hovenkamp (Contact Author)

Univ. of Pennsylvania Law and Wharton Business ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States
319-512-9579 (Phone)

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