Competition and Intellectual Property Law: Pharmaceuticals and High Technology

This book brings the insights of competition/antitrust law into intellectual property (IP) law’s central question: how to ensure innovation incentives while maintaining access. Michael A. Carrier explains how competition law can target conduct in which IP holders gain excessive returns by harming consumers or competitors by increasing price or reducing innovation.

Using real-world examples, the author presents a comprehensive analysis of the interaction of competition and IP law. Focusing on the pharmaceutical and high technology industries, Carrier addresses ‘easy calls’ such as firms with monopoly power abusing the regulatory regime, breaching reasonable licensing promises, or engaging in conduct that makes sense only by harming rivals. He analyzes the ways in which antitrust can be used to benefit consumers, tackling patent settlements, product hopping, regulatory abuse, high drug prices, patent pools, and conduct in standards organizations.

Competition and Intellectual Property Law is an essential resource for students and scholars in competition/antitrust law and intellectual property law. Attorneys and policymakers in related medical, pharmaceutical, and high-technology industries will also benefit from the original and timely insights.