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Intellectual Property, the Two Microsoft Decisions, and Antitrust in Dynamic Industries

Intellectual Property, the Two Microsoft Decisions, and Antitrust in Dynamic Industries

Chapter:
(p.161) 9 Intellectual Property, the Two Microsoft Decisions, and Antitrust in Dynamic Industries
Source:
The Atlantic Divide in Antitrust
Author(s):
Daniel J. GiffordRobert T. Kudrle
Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226176246.003.0009

This chapter examines the extent to which competition laws in the United States and the European Union have applied the essential facilities doctrines and otherwise have imposed duties to deal with competitors. It examines the interface between Intellectual Property and competition law in both jurisdictions. It then examines the Microsoft decisions in both jurisdictions, highlighting the different approaches taken in settings that (in part) raised similar issues. The Microsoft decisions were the occasions for the two jurisdictions to opt for different approaches to the problems of reconciling intellectual property with competition law. Finally the chapter examines the question of whether competition law should treat knowledge-based industries differently from traditional industries.

Keywords:   intellectual property, patents, copyrights, network effects, essential facilities, tying, new economy, essential facilities, Schumpeterian competition

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