IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law, Second Edition


IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law, Second Edition

By (author) Herbert Hovenkamp
By (author) Mark D. Janis
By (author) Mark A. Lemley
By (author) Christopher R. Leslie
Update Frequency
Updated annually
Last Update
Product Line
Aspen Publishers
Available formats


IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law, Second Editiont is a two-volume reference that focuses on the intersection of the areas of IP and antitrust . While intellectual property licensing arrangements are typically pro-competitive, antitrust concerns may nonetheless arise. Licensing arrangements raise concerns under the antitrust laws if they are likely to adversely affect the prices, quantities, qualities or varieties of goods and services -- either currently or potentially available. The Justice Department's rekindled interest in intellectual property licensing arrangements now requires that companies factor antitrust considerations into the drafting and review of intellectual property licensing arrangements. Thus, licensing agreements involving intellectual property must now be drafted with two considerations in mind: maximizing the commercial value of intellectual property rights, and minimizing antitrust risks

IP and Antitrust is the first comprehensive resource that fully examines intellectual property from an antitrust perspective, to help you steer clear of unexpected problems. It provides a sophisticated discussion of intellectual property law not currently available in the antitrust treatises on the market today, including Areeda and Hovenkamp's Antitrust Law treatise.

ISBN: 9780735575486
Pages: 2096
SKU: 0735575487
ETA: Available: Item ships in 3-5 Business Days


PART A: Competition Policy and the System of Intellectual Property Rights

  • Introduction
  • The U.S. Intellectual Property System: Key Aspects for the Antitrust Interface
  • Misuse
  • Intellectual Property and Market Power
  • Jurisdictional and Procedural Issues Governing Antitrust/Intellectual Property Claims
  • Remedies for Anticompetitive Abuses of IP Rights
  • Anticompetitive Settlement of IP Disputes

PART B: Monopolistic Practices Involving Intellectual Property Rights

  • Monopolization
  • Improper Enforcement of Intellectual Property Claims
  • Innovation and Product Changes
  • Unilateral Refusals to License
  • Patent and Other Intellectual Property Acquisitions; Nonuse

PART C: Vertical Integration and Related Licensing Practices by Intellectual Property Holders

  • Vertical Practices Involving Intellectual Property Rights: Preliminary Issues
  • Tying, Exclusive Dealing and Related Licensing Practices
  • Package Licensing, Blanket Licenses and Block-Booking
  • Anticompetitive Royalty Provisions
  • Resale Price Maintenance and Vertically Imposed Nonprice Restraints
  • Grantback Provision


PART D: Horizontal Restraints Involving Intellectual Property Licensing

  • Justifications and Basic Competitive Concerns
  • Price Restricted Licenses and the General Electric Rule
  • Output Restricted Licenses
  • Horizontal Market Division and Other Nonprice Restrictions
  • Cross-Licensing and Patent Pools
  • Intellectual Property and Standard-Setting Organizations
  • Research and Production Joint Ventures: National Cooperative Research and Production Acts

PART E: Competition and Intellectual Property Licensing in Global Markets

  • International Standards for the Intellectual Property/Antitrust Interface
  • Application of U.S. Antitrust Law to International Licensing Arrangements
  • The Intellectual Property/Competition Law Interface: Europe
  • The Intellectual Property/Competition Law Interface: Canada
  • The Intellectual Property/Competition Law Interface: China
  • The Intellectual Property/Competition Law Interface: Japan


  • A: Selected Federal Statutes
  • B: Antitrust Guidelines for the Licensing of Intellectual Property
  • C: Antitrust Enforcement Guidelines for International Operations
  • D: International Materials
  • E: European Materials
  • F: Canadian Materials


Herbert Hovenkamp is the Ben V. & Dorothy Willie Professor of Law at the University of Iowa, where he teaches antitrust law, intellectual property, real property, torts, and American legal history. He is a member of the American Academy of Arts and Sciences, and in 2008 he won the Justice Department's prestigious John Sherman Award for his lifetime contributions to antitrust law. Hovenkamp is the author of some one dozen books and approximately 80 articles. His principal writing includes Antitrust Law: An Analysis of Antitrust Principles and Their Application (formerly with the late Phillip E. Areeda and the late Donald F. Turner) (4th ed. 2013); The Antitrust Enterprise: Principle and Execution (2006); Federal Antitrust Policy: The Law of Competition and Its Practice (3d ed. 2005); and Enterprise and American Law, 1836-1937 (1991). He has consulted on numerous antitrust cases for the federal government, various state governments, and private plaintiffs.


September, 2011 - Prof. Hovenkamp was quoted on Marketplace Morning Report in regards to Google Chairman Eric Schmidt testifying before the Senate Judiciary Committee as the tech company is under scrutiny for possible antitrust violations and uncompetitive practices. Prof. Hovenkamp does not feel there are antitrust violations with Google’s search engine sending searchers to other Google sites. He was quoted as saying “It's very, very easy and costless for customers to switch away from Google if Google is not serving them well.”

July, 2008 - The USDOJ Antitrust Division presented Professor Herbert Hovenkamp with the prestigious John Sherman Award for his lifetime contributions to the teaching and enforcement of antitrust law and the development of antitrust policy. This annual award is given for outstanding contributions to the field of antitrust law, the protection of American consumers, and the preservation of economic liberty. Prof. Hovenkamp's publications include some 70 articles, approximately 50 essays and book reviews, and a dozen books. He is the senior surviving author of Antitrust Law (formerly with Phillip Areeda & Donald Turner), which currently spans 20 volumes, and, with Mark Janis, Mark Lemley and Christopher Leslie, author of IP and Antitrust Law.

Mark D. Janis is a professor of law at the Indiana University-Bloomington Maurer School of Law. He teaches patent law, trademark law, copyright law, property, and advanced seminars in intellectual property. He concentrates his scholarly research in the areas of domestic and international patent law, and is widely published in those areas. Professor Janis is a registered patent attorney. He practiced patent law at Barnes & Thornburg (Indianapolis) prior to entering law teaching. He holds a J.D. from Indiana University School of Law (Bloomington) and a B.S. (chemical engineering) from Purdue University.


In June of 2011, Mark Janis, joined by Professor Timothy Holbrook of Emery University Law School, wrote a letter to the Chairman of the House Judiciary Committee arguing that the first-to-file provisions of the pending America Invents Act were constitutional and did not violate Article I, Section 8, Clause 8 of the Constitution, stating that it is completely within the powers of the Congress to define who can be an "inventor" in patent law.

Mark A. Lemley is William H. Neukom Professor of Law at Stanford Law School and the director of the Stanford Program in Law, Science and Technology. He teaches intellectual property, computer law, patent law, antitrust, and the law of electronic commerce. He is a founding partner in the law firm of Durie Tangri LLP, where he litigates and counsels clients in the areas of antitrust, intellectual property and computer law. He is the author of 7 books and more than 100 articles on these and related subjects.

Christopher R. Leslie is a Professor of Law at the University of California, Irvine School of Law. He teaches antitrust law, contracts, and the intersection of antitrust and intellectual property law. Professor Leslie received his J.D. from U.C. Berkeley School of Law, a M.P.P. from the Kennedy School of Government at Harvard University, and a B.A. in Economics and Political Science from U.C.L.A. He has taught at the Chicago-Kent College of Law, and has been a Visiting Professor of Law at Stanford Law School, the University of Texas School of Law, and N.Y.U. School of Law. Professor Leslie is the author of several articles on antitrust, as well as the forthcoming casebook Antitrust Law and Intellectual Property Rights (Oxford University Press). He is also an Associate Editor for the Antitrust Law Journal and is a past Chair of the Antitrust Law Section of the Association of American Law Schools (AALS).

Related Products

Add to Cart
Add to Cart
Add to Cart
Add to Cart
Quantity pricing available