Intellectual property and antitrust share a common goal;
consumer welfare through innovation. However, each body of law
approaches that objective from different—and sometimes
opposing—directions.
IP promotes investment, innovation and competition from new
technology and ideas by granting a lawful right to exclude others
from practicing one's novel invention. On the other hand,
antitrust regulates commercial conduct that restricts competition
and that lacks a countervailing procompetitive justification.
When IP rights are asserted or used in commercial transactions,
tension can sometimes arise between the antitrust and IP laws. The
friction is particularly apparent in technology markets where
control over standards, platforms, or distribution channels can
toggle between legitimate IP utilization and unlawful market
foreclosure.
