Intellectual Property and Antitrust: A Comparison of Evolution in the European Union and United States

Transactions involving the transfer of intellectual property rights give rise to antitrust issues, potentially implicating the involvement of the enforcement bodies of the European Union (EU) and United States. While changing market dynamics resulting from innovation and globalization impact antitrust enforcement, the movement toward "decentralization" of antitrust enforcement represents yet another trend that causes uncertainty in both the EU and U.S. antitrust policies. In this context, one of the most notable aspects of evolving antitrust policy is that of cooperation between the enforcement agencies in the EU and the United States. This Article explores the key legislative and policy developments in the EU and United States, including the EU framework for competition and technology transfer block exemptions and the Intellectual Property Guidelines issued by the U.S. Department of Justice and Federal Trade Commission in 1995.

It also analyzes the different approaches to vertical restraints taken by the EU and the United States. In conclusion, this Article emphasizes the importance of continuing cooperation between the United States and the EU in antitrust enforcement for the economic efficiency and effectiveness of the free market.