USA / IP / Anti-trust

An article by Federal Trade Commissioner Sheila F Anthony in AIPLA Quarterly Journal, Vol 28 No 1 (Winter, 2000) is entitled Anti-Trust and Intellectual Property Law: from Adversaries to Partners: it discusses the evolution of the relationship between the two branches of law; the rule of reason analysis; current anti-trust enforcement concerns; and checklists for anti-trust issues. Among the current concerns are patent pooling, mergers (with particular reference to Ciba-Geigy/Sandoz (Novartis) and Glaxo/Wellcome), exclusive licensing (with particular reference to Mylan) and single firm conduct (with particular reference to Intel and Dell). The author concludes that "intellectual property and anti-trust laws are no longer adversaries. Indeed, these laws share common purposes: to stimulate innovation and to confer benefits on the American economy and the American people."  [20009]