Prerequisite: None

Exam Type: No Exam

The intersection of antitrust and intellectual property underlies many key policy and doctrinal debates in contemporary competition law, including how best to spur innovation, how to reconcile antitrust enforcement with intellectual property assertions, and whether antitrust can – or should – correct perceived shortcomings of the intellectual property system. This antitrust seminar introduces students to the antitrust/intellectual property interface. Topics include the economics of innovation, the antitrust analysis of licensing practices, product design and tying, patent settlements, patent pools and standard setting, intellectual property acquisitions (including by “Big Tech”), the application of antitrust to patent trolls, and the role of antitrust counterclaims in intellectual property litigation. No background in either antitrust or intellectual property is required.

Students will participate orally and write short response papers on class topics of their choosing.