IP law and antitrust are interconnected – matching intentions
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]
Current Relationship Between Antitrust And Intellectual Property Law
Today, the federal antitrust enforcement agencies recognize a much closer and interconnected relationship between antitrust law and intellectual property rights.(14) The FTC and DOJ no longer consider the two bodies of law to conflict. The agencies' current thinking is summarized quite well in the Federal Circuit's 1990 opinion in Atari Games Corp. v. Nintendo of America, Inc., in which the Federal Circuit stated: "[t]he aims and objectives of patent and antitrust laws may seem, at first glance, wholly at odds. However, the two bodies of law are complementary, as both are aimed at encouraging innovation, industry and competition."(15)
This recognition of the complementary purposes of the antitrust and patent laws has been facilitated by the ongoing dialogue between the patent and antitrust legal communities.(16) The federal antitrust enforcement agencies have benefitted greatly from our exchanges with the intellectual property bar, and we at the FTC hope these discussions will continue.