Kernochan Center for Law, Media and the Arts
Competition law and Intellectual Property have divergent intellectual cultures – the former more pragmatic and experimentalist; the latter influenced by natural law and vested rights. The US Supreme Court decision in Federal Trade Commission v. Actavis is an intellectual victory for the former approach, one that suggests that antitrust law can and should be used to introduce greater scrutiny of the specific consequences of intellectual property grants.
Intellectual Property Experimentalism by Way of Competition Law,
9 Competition Policy Int'l 30 (2013); Columbia Public Law Research Paper No. 14-388
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/1842