Introduction: Competition Policy and Intellectual Property Rights—Legal and Economic Perspectives

Date01 June 2014
Published date01 June 2014
Subject MatterIntroduction
THE ANTITRUST BUL L E T I N :Vol. 59, N o. 2/Summ er 2014 :173
Introduction: Competition policy
and intellectual property rights—
legal and economic perspectives
This symposium issue of The Antitrust Bulletin considers, from legal,
economic, and historical perspectives, a number of topics at the junc-
ture of antitrust policy and intellectua l property rights. Intellectual
property rights and competition policy can, and frequently do, act in
harmony. The U.S. antitrust authorities have clearly articulated the
central role of innovation in fostering competition.1The U.S. Constitu-
© 2014by Federal Legal Publications, Inc.
* Vice President, Antitrust and Competition Economics Practice, Charles
River Associates.
AUTHOR’S NOTE: Robert Harris and Anne Layne-Farrar provided helpful comments
on an earlier d raft of this ar ticle. Any er rors in this art icle are mine. T he views
expressed in this article are mine and do not purport to reflect those of Charles River
Associates or any of its other officers, affiliates, or employees.
THE LICEN SING OF INTE LLECTU AL PROPERT Y § 1.0 (Ap r. 6, 1995) , available at [hereinafter
DOJ/FTC IP GUIDELINES] (“The intellectual property laws and the antitrustlaws
share the common purpose of promoting innovation and enhancing consumer
welfare. The intellectual property laws provide incentives for innovation and
its dissemination and commercialization by establishing enforceable property
rights for the creators of new and useful products, more efficient processes, and
original works of expression. In the absence of intellectual property rights, imi-
tators could more rapidly exploit the efforts of innovators and investors with-
out compensatio n. Rapid imitation w ould reduce the comm ercial va lue of

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