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Article
Making Sense of Nonsense: Intellectual Property, Antirtust, and Market Power
Arizona Law Review (2007)
  • Ariel Katz
Abstract

While the economic rationale for intellectual property (“IP”) rights rests on the concepts of “monopoly” or market power,” the Supreme Court, in Illinois Tool Works v. Independent Ink, has recently joined a “virtual consensus” among antitrust commentators believing that no presumption of market power should exist in antitrust cases involving IP. This Article critically analyzes this consensus, and clarifies the relationship between IP and market power, shows why IP rights often do confer market power in the antitrust sense, but also explains why acknowledging this should not necessarily lead to oversized application of antitrust law to IP.

Keywords
  • antitrust,
  • market power,
  • intellectual property,
  • monopoly,
  • competition
Disciplines
Publication Date
December, 2007
Citation Information
Ariel Katz. "Making Sense of Nonsense: Intellectual Property, Antirtust, and Market Power" Arizona Law Review Vol. 49 Iss. 4 (2007)
Available at: http://works.bepress.com/ariel_katz/8/