Dear Readers,   In this Chronicle, our contributors explore the shifting frontier between intellectual property and competition law — a boundary once defined by clear doctrinal separation, now blurred by...

Technology companies have not been very successful in relying on intellectual property justifications and defenses to fight allegations of anticompetitive licensing and dealing practices that harm rivals.  U.S. courts and...

This article examines the Federal Trade Commission’s evolving use of innovation competition theories of harm in merger review following the adoption of the new 2023 Merger Guidelines. Departing from the...

The convergence of antitrust law, intellectual property rights, and emerging right-to-repair statutes continues to reshape how product ownership and competition are understood in a connected economy.  This article explores how...

The rapid ascent of generative artificial intelligence has unsettled the long-standing relationship between copyright and antitrust law. Copyright, once described as conferring “mini-monopolies” in expression, contains embedded safeguards such as...

This article analyzes how intellectual property portfolio management can simultaneously promote innovation and present potential antitrust exposure. Strategic creation, acquisition, and deployment of IP assets often enhance a firm’s competitiveness,...

This article discusses the Federal Trade Commission’s renewed offensive against drug-device patents listed in the FDA’s “Orange Book,” alleging that such listings improperly stifle generic competition. Framing this campaign as...

Branded pharmaceutical manufacturers are required by law to list all patents in the Orange Book that cover an approved drug product. However, over-inclusiveness of such listings can give rise to...

This article critically assesses the fundamental policy and legal challenges surrounding Standard Essential Patents in the context of European competition law. It argues that SEPs are a distinct entity, demanding...

Dear Readers,   Entertainment has always been where culture meets commerce — and where competition law reveals some of its most vivid tensions. In today’s fragmented world, from streaming and...

The global video game industry is now one of the largest entertainment sectors, eclipsing film and music combined. Its evolution into a multi-sided digital ecosystem—consoles, PC storefronts, mobile operating systems,...

Antitrust plaintiffs routinely allege narrow relevant markets contorted to meet their litigation needs, without regard to market realities. In the consumer-facing sports entertainment market, this manifests in attempts to define...