Jump to ContentJump to Main Navigation
The Atlantic Divide in AntitrustAn Examination of US and EU Competition Policy$
Users without a subscription are not able to see the full content.

Daniel J. Gifford and Robert T. Kudrle

Print publication date: 2015

Print ISBN-13: 9780226176109

Published to Chicago Scholarship Online: September 2015

DOI: 10.7208/chicago/9780226176246.001.0001

Show Summary Details
Page of

PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use.date: 30 March 2020

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. Gifford

Robert 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

Chicago Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.