Antitrust and patent law are best combined
Anthony ‘99 [Sheila; Sheila F. Anthony was sworn in as a member of the Federal Trade Commission on September 30, 1997. She was appointed by President Clinton to a term that expired September 25, 2002. Before appointment, Commissioner Anthony served as Assistant Attorney General for the Office of Legislative Affairs at the Department of Justice from 1993 to 1995. As Assistant Attorney General, Commissioner Anthony was the liaison between the Department and Congress, and the liaison to the White House Legislative Affairs Office; Federal Trade Comission, “Antitrust and Intellectual Property Law: From Adversaries to Partners.” https://www.ftc.gov/news-events/news/speeches/antitrust-intellectual-property-law-adversaries-partners#A.%20Overview]
Intellectual property and antitrust are especially relevant as we approach the new century because it is more important than ever to encourage innovation and competition, both of which enhance consumer welfare. Innovations are among the most valuable assets of American businesses, and in today's global economy, companies must innovate if they hope to survive and thrive. This is true in industries as diverse as computer hardware and software, biotechnology, aerospace, and pharmaceuticals. Companies generate wealth and employment by generating new ideas and developing them into improved products. Consumers, in turn, benefit enormously from these innovations.
Innovating companies--ranging from modest research boutiques to giant aerospace-defense contractors--all depend vitally on a legal framework that ensures a competitive market while protecting the rights of inventors and allowing innovators to profit from their ideas and inventions. Many attorneys bear responsibility for charting companies' paths through this framework. This responsibility is a real challenge because innovation moves so quickly and change is the norm. It is my hope that this article will make the job a little easier by enhancing knowledge of the antitrust aspects of the legal framework.
Due to my experience in private practice,(2) I understand that the natural predilection of some intellectual property practitioners is to view antitrust issues with a certain degree of antagonism. Since joining the Federal Trade Commission in October 1997, I have gained a broader perspective on the relationship between competition policy and intellectual property rights. Increasingly, many of the Commission's competition cases have an intellectual property component. Over time, I have found that the goals of intellectual property and antitrust law are not mutually exclusive and, in fact, are quite similar. In this article, I hope to demonstrate that the two disciplines are compatible and, importantly, that old notions should be dispelled. I will attempt to do so by providing an historical perspective on the interplay between antitrust and intellectual property law, and by discussing recent Federal Trade Commission ("FTC" or "Commission") and Department of Justice ("DOJ" or "Department") matters involving intellectual property issues.