The Common Purposes of Intellectual Property and Antitrust

Although the compatibility of intellectual property (IP) and antitrust has been widely recognized by Congress and the Supreme Court, recent discussions of monopolies in digital markets often presents IP rights and antitrust laws as conceptually incompatible concepts.

The nexus between property rights and competition is complex, but ultimately IP and antitrust share common goals of increasing market output, value, and competition. Guided by the consumer welfare standard, modern antitrust law rejects the notion that mere possession of a patent or copyright constitutes possession of anticompetitive market power and makes clear that applying for or enforcing these rights does not establish exclusionary conduct. And while patents and other forms of IP are frequently described as incentives to innovate, their disruptive, anti-monopoly effects are often overlooked.

Our panel of experts discuss the nexus between patents, copyright, and competition as well as recent developments at the interface of IP and antitrust law.

Featuring:

Professor Kristen Osenga, Austin E. Owen Research Scholar & Professor of Law, University of Richmond School of Law

Seth L. Cooper, Director of Policy Studies and Senior Fellow, The Free State Foundation

Ashley Baker, Director of Public Policy, The Committee for Justice