The Intersection Of Antitrust Law And Intellectual Property Rights: Comparative Legal And Economic Implications
- IJLLR Journal
- Aug 27, 2025
- 1 min read
Riddhi Mukewar, Maharashtra National Law University, Nagpur
ABSTRACT
The relationship between Antitrust Law and Intellectual Property Rights (IPRs) has had a long history of inherent friction between promoting innovation through exclusive rights and ensuring competitive markets free from monopolistic practices. This research critically examines the comparative legal and economic implications of this intersection across three diverse jurisdictions: the United States, the European Union, and India. The U.S. adopts a more innovation-centric approach, balancing antitrust scrutiny with the recognition that IPRs stimulate technological advancement, as seen in landmark cases such as FTC v. Actavis. The EU, by contrast, emphasizes market integration and consumer welfare, with the European Commission actively intervening against abuse of dominance in cases such as Microsoft, Nokia, Google. India, though drawing from both U.S. and EU jurisprudence, attempts to create a balanced model keeping in mind developing economy’s concerns, where the Competition Commission of India (CCI) has grappled with issues like compulsory licensing, standard essential patents, and abuse of dominance in the pharmaceutical and technology sectors. Economically, the research highlights that while IPRs incentivize innovation, unchecked enforcement can hinder market access, stifle competition, and raise consumer costs. On the other hand, overly aggressive antitrust intervention may dilute incentives in the research, development and innovation space. The study concludes that a balanced framework tailored to the economic realities of each jurisdiction is crucial for harmonizing innovation incentives with competitive market structures.
Keywords: Antitrust Law, Intellectual Property Rights, Competition, Innovation, Comparative Analysis
