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Intellectual Property And The Limits Of Antitrust

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Intellectual Property And The Limits Of Antitrust

A Comparative Study of US and EU Approaches

Katarzyna Czapracka

Katarzyna Czapracka, Associate, White & Case LLP, Belgium

2009 168 pp Hardback 978 1 84720 925 2

Hardback £73.00 on-line price £65.70


Series: New Horizons in Competition Law and Economics series

This book is also available as an ebook  978 1 84980 326 7 from -

‘An excellent account of practice on both sides of the Atlantic regarding the intersection of antitrust and intellectual property rights. The author provides a detailed account of the legal discussion in an economics-informed manner. A must read, as far as I am concerned, for practitioners and academicians alike.’
– Petros C. Mavroidis, Columbia Law School, New York, US, University of Neuchâtel, Switzerland and CEPR, UK


Futher information

This book examines the growing divergences between the EU and the US in their approach to antitrust law enforcement, particularly where it relates to intellectual property (IP) rights.

The scope of US antitrust law as defined in the Supreme Court’s decisions in Trinko and Credit Suisse Securities is much narrower than the scope of EU competition law. US antitrust enforcers have become increasingly reluctant to apply antitrust rules to regulated markets, whereas the European Commission has consistently used EU competition rules to correct the externalities resulting from government action. The contrasting approaches adopted by US and EU antitrust enforcers to these issues, as with the differences in addressing market dominance, have had a profound impact on the scope of antitrust intervention in the IP field. This book provides an in-depth analysis of the relevant recent developments on both sides of the Atlantic and identifies the pitfalls of regulating IP through competition rules.

With a unique comparative perspective, this book will be an invaluable resource for postgraduate students, academics and practitioners in IP and competition law.

Full table of contents

Contents: Introduction 1. The Roots of the Transatlantic Clashes 2. Striking the Balance between Antitrust and IP 3. (Mis)use of Regulatory Procedures and IP 4. Trade Secrets and Antitrust: An Example of the Conflicting US and EU Approaches Index

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