Overview

This insightful book compares how the US and EU antitrust authorities have enforced Section 2 of the Sherman Act, and Article 102 of the TFEU against monopolists' practices involving intellectual property rights. The discussion comes in the wake of the great interest engendered by the interface between antitrust law and intellectual property rights, considering that the ongoing integration of markets pushes countries towards a harmonization of their legal systems. Mariateresa Maggiolino takes this inquiry forward by confronting the two jurisdictions' legal standards with current economic thinking, and discusses the policy suggestions that result. In addition, topics that are usually treated separately are effectively combined. The legal analysis is frequently connected and compared to the past and present economic thinking and Mariateresa Maggiolino expertly embraces the historical, cultural and policy perspectives. This unique book will therefore prove enriching for academics and postgraduate students of law and industrial organization. Contents: Preface by Herbert Hovenkamp; Introduction; 1. Antitrust Law, IPRs and Economics: the Leeway for Policy Choices; 2. Section 2 and Article 102(b): The Antitrust Roots of the Antitrust-IP Interface; 3. Ownership of IPRs; 4. Predatory System Innovations; 5. Refusals to license IPRs; 6. IP Judicial and Administrative Processes; 7. Conclusion; Bibliography

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9781848443402

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Reviews

‘Intellectual Property and Antitrust is a thorough, very well written, and conceived book. In a modest 210 pages, the author brings together a deep knowledge on this complex mix of economics and law with the ability to present complicated and dense economic theory and legal reasoning in an informative and easily digestible way. With its clear focus, critical approach, wise brevity, and inclusive argument, this book will certainly provide an excellent source of reference not only for academics but also for advanced students and practitioners.’ -- Riccardo Sciaudone, Journal of Intellectual Property Law and Practice

'This book brings to bear Professor Maggiolino's considerable skills as a comparative competition law scholar on what is perhaps the single most important competition policy issue facing us today - namely, how to use IP policy and competition policy in tandem to further both economic competition and competition in innovation. Professor Maggiolino's book covers a large range of IP practices by dominant firms where competition law can be invoked, including shamA litigation and product design, improper infringement actions, predation, and refusals to license. This book is well researched, well written, and completely up to date. Every serious competition law/antitrust and intellectual property scholar and practitioner should regard it as mustA reading.' - From the foreword by Herbert Hovenkamp, University of Iowa, US

Author Information

Mariateresa Maggiolino, Assistant Professor of Commercial Law, Bocconi University, Milan, Italy

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