Document Type
Working Paper
Publication Date
2014
Disciplines
Antitrust and Trade Regulation | Intellectual Property Law | Law
Center/Program
Kernochan Center for Law, Media and the Arts
Abstract
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.
Recommended Citation
Tim Wu,
Intellectual Property Experimentalism By Way of Competition Law,
Competition Policy International, Vol. 9, No. 2, p. 30, 2013; Columbia Public Law Research Paper No. 14-388
(2014).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/1842