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

Abstract

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

Carrier, Michael A., IP and Competition: Context, Test, and Balance (August 16, 2018). Comment for FTC Hearings on Competition and Consumer Protection in the 21st Century. Available at SSRN: https://ssrn.com/abstract=3232455

Michael A. Carrier (Contact Author)

Rutgers Law School ( email )

217 North Fifth Street
Camden, NJ 08102-1203
United States
856-225-6380 (Phone)
856-225-6516 (Fax)

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