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

See all articles by Herbert Hovenkamp

Herbert Hovenkamp

University of Pennsylvania Law School; University of Pennsylvania - The Wharton School; University College London

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, 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 Hovenkamp (Contact Author)

University of Pennsylvania Law School ( email )

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

University of Pennsylvania - The Wharton School ( email )

3641 Locust Walk
Philadelphia, PA 19104-6365
United States

University College London ( email )

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London, WC1E 6BT
United Kingdom

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