Antitrust Chronicle^® – New Madison Revisited

Dear Readers,

James Madison, the fourth U.S. president and a principal drafter of the U.S. Constitution, is credited with including Article I, Section 8, Clause 8 – the Patent and Copyright Clause. This provides the basis for Congress to enact rules protecting intellectual property (“IP”) rights in the U.S. constitutional order, a unique development at its time.

The evolution of antitrust law has, over time, come into conflict with the intellectual property rights created on the basis of t