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Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International

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Book Chapter

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Roger D. Blair and D. Daniel Sokol




Cambridge University Press




Intellectual property law and antitrust have been described as conflicting bodies of law, and the reason is easy to see. Antitrust law aims to protect consumers from the consequences of monopolization. Intellectual property law seeks to enhance incentives to innovate by granting monopolies in ideas or expressions of ideas. The purpose of this chapter is to explore the purported conflict between antitrust and intellectual property. The chapter is largely descriptive, and focuses on current or developing litigation rather than historical controversies. Many of the modern examples of conflict can be attributed to problems of classification.


Published as: "Antitrust and Intellectual Property: A Brief Introduction," in Cambridge Handbook of Antitrust, Intellectual Property and High Tech 79, Roger D. Blair & D. Sokol, eds., Cambridge University Press (2017).

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