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Antitrust and Intellectual Property: A Brief Introduction

Hylton, Keith N., Antitrust and Intellectual Property: A Brief Introduction (August 19, 2016). Boston Univ. School of Law, Law and Economics Research Paper No. 16-32. Available for download at SSRN: http://ssrn.com/abstract=2826636

“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.”

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