Unilateral Technology Suppression: Appropriate Antitrust and Patent Law Remedies

Antitrust Law Journal, Vol. 66, No. 441, 1998

13 Pages Posted: 21 Feb 2011

See all articles by Yee Wah Chin

Yee Wah Chin

Ingram Yuzek Gainen Carroll & Bertolotti, LLP

Date Written: November 23, 1997

Abstract

This article reviews some of the antitrust and patent law remedies for improper unilateral suppression of technology and considers what the appropriate remedy under these laws should be, if any, in the particular context of the refusal both to use and to permit others to use patent rights. It concludes that there is little reason to change the current law: a patent holder that is the inventor or the employer of the inventor is free simply to withhold the patented technology from the marketplace, while a patent holder that acquired its know-how by acquisition, assignment, or license may be subject to antitrust challenge if it has accumulated market power along with the patent rights and withholds that technology from the marketplace in a manner that unreasonably restrains competition.

Keywords: technology suppression, antitrust remedies, patent remedies

JEL Classification: K21, K39, L40, L41, L43, L49, O32, O34, O38

Suggested Citation

Chin, Yee Wah, Unilateral Technology Suppression: Appropriate Antitrust and Patent Law Remedies (November 23, 1997). Antitrust Law Journal, Vol. 66, No. 441, 1998, Available at SSRN: https://ssrn.com/abstract=1765242

Yee Wah Chin (Contact Author)

Ingram Yuzek Gainen Carroll & Bertolotti, LLP ( email )

250 Park Avenue
New York, NY 10177
United States

HOME PAGE: http://www.ywc-antitrust.com

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