Sunday, January 9, 2005
Hovenkamp article on IP-Antitrust Interface
Professor Herbert Hovenkamp has posted an interesting article on SSRN arguing that the tension between antitrust and IP is exaggerated. He argues that antitrust law should be more deferential to IP especially since IP legislation has become less public regarding and more special interest oriented. He cautions against a return to the pre-New Deal skepticism of IP and advocates more careful scrutiny of the real competitive harms from overly broad IP.
https://lawprofessors.typepad.com/antitrustprof_blog/2005/01/hovenkamp_artic.html