Converging Doctrines? US and EU Antitrust Policy for the Licensing of Intellectual Property

Richard Gilbert, Economics Department, University of California, Berkeley

Abstract

This paper was prepared for the Antitrust Section Spring Meeting, Washington D.C., 2004. The author discusses and compares European Community Technology Transfer Block Exemption Regulation (TTBER) and U.S. Guidelines. Together the guidelines present a framework to evaluate technology licensing arrangements that respects the objectives of EU competition policy and still provides a berth for procompetitive licensing.