The FTC and DOJ Weigh in On the Intersection of Antitrust Enforcement and IP Rights

In April of 2007, the Federal Trade Commission and the Department of Justice issued a report purposed at providing guidelines for antitrust enforcement and intellectual property rights.1 While the practice of intellectual property continues to flourish, the FTC and DOJ are concerned with determining the appropriate limitations of antitrust principles in relation to IP while not undermining free competition. Nevertheless, antitrust limitations should not seek to undermine innovation, particularly in the patent system premised upon the promotion of innovation.

The goal of the FTC-DOJ Report is to develop a better understanding of questions that arise when IP law and antitrust law intersect and to examine the historical approaches of each agency in resolving such issues. The Report is based on a series of hearings entitled, “Competition and Intellectual Property Law and Policy in the Knowledge-Based Economy.” Hearing participants included representatives from small and large firms, academics, and legal practitioners. Scholarly literature was also consulted.

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