IP and Competition: Context, Test, and Balance
Comment for FTC Hearings on Competition and Consumer Protection in the 21st Century
1 Pages Posted: 27 Aug 2018
Date Written: August 16, 2018
This comment highlights the importance of context, the appropriate test, and balance for the IP/competition intersection. First, it emphasizes the importance of context, in particular the regulatory regime in the pharmaceutical industry, highlighting the role the FTC can play through litigation, hearings, and 6(b) studies. Second, it underscores the importance of the "consumer welfare" standard. And third, it explains the balance critical to the intersection, which includes consideration of both IP and competition.
Keywords: IP, competition, FTC, pharmaceuticals, consumer welfare, patent holdup
JEL Classification: I18, K21, L40, L41, L43, L65, O31, O34, O38
Suggested Citation: Suggested Citation