Intellectual Property and the Limits of Antitrust

This book examines the growing divergence between the EU and the US in their approach to antitrust law, particularly where it relates to intellectual property rights (IPRs). EU competition law has been consistently used to regulate a number of issues that have been considered to be outside the scope of the Sherman Act. The transatlantic differences relating to the assessment of market dominance are only a partial explanation for the clashes over IP rights. An equally important issue is the application of antitrust laws to market distortions resulting from a government action. In unregulated markets, competition enforcement may remedy specific market failures. In regulated markets, competition law may also be used to address externalities created by regulatory activity. The relation between antitrust law and regulation that may disrupt competitive processes is vital for the antitrust analysis of anticompetitive concerns resulting from IP rights. With a unique comparative perspective, this book will be an invaluable resource for postgraduate students, academics and practitioners in intellectual property and competition law.