Author ORCID Identifier
https://orcid.org/0000-0002-7899-3060
Document Type
Article
Publication Date
12-2020
Abstract
This Chapter offers a broad overview of the impact of U.S. antitrust laws on IP licensing and transactions. A basic understanding of antitrust law is critical to the analysis of IP licensing arrangements, whether concerning patents, copyrights or trademarks. This chapter offers a summary of the antitrust doctrines that arise frequently in IP and technology-focused transactions — price fixing and market allocation, resale price maintenance, tying, monopolization, refusals to deal, standard setting and pay-for-delay settlements, with coverage of the major cases and enforcement agency guidance. Antitrust issues also play a role in the analysis of joint ventures, which are discussed in Chapter 26, and IP pools, which are discussed in Chapter 27 (a preview of this topic is presented in Part E below).
Recommended Citation
Contreras, Jorge L., "Antitrust and Competition Issues" (2020). Utah Law Faculty Scholarship. 245.
https://dc.law.utah.edu/scholarship/245