How Intellectual Property Laws Don’t Contradict the Sherman Antitrust Act of 1890 Essay

Exclusively available on Available only on IvyPanda® Made by Human No AI

In the United States Congress, the Sherman Antitrust Act of 1890 was the first statute to outlaw trusts. When many companies’ investors agreed to transfer their interests to a single set of trustees, a trust was formed. The Sherman Act empowered the government to dissolve trusts through legal action. This paper aims to discuss how intellectual property laws don’t contradict the Sherman antitrust act of 1890.

The Sherman Antitrust Act was enacted to Congress’ constitutional authority to control interstate commerce. Courts have made it clear that a firm cannot use a legal monopoly in one market. For example, if a market lacks a better product or commercial acumen, an intellectual property right might be used to gain trust in that market (Sawyer, 2019). Second, monopolists are prohibited from engaging in activity that reduces customer welfare. Firms are banned, for example, from linking a protected product to a non-protected product to extend their intellectual property rights.

Antitrust law also opposes monopolization attempts in a protected product’s aftermarket. Antitrust theorists are also working on a nonprice predation theory, in which a monopolistic firm’s efforts to raise its rival’s expenses would be a breach of antitrust laws. A corporation may achieve exclusionary market dominance and hence the ability to raise prices, harming consumer welfare by participating in such behavior. Intellectual property law has evolved several measures that supplement antitrust initiatives to combat intellectual property rights misuse (Sawyer, 2019). Conclusively, exaggerated conceptions of the power granted by IP rights and anticipated dangers to competition abound in the history of antitrust action involving intellectual property. As a result, there have been challenges in antitrust cases involving IP tactics where none previously existed. To be sure, striking the correct balance between maintaining competition and incentivizing innovation is not simple.

Reference

Sawyer, L. P. (2019). US Antitrust Law and Policy in Historical Perspective. Harvard Business School. Web.

More related papers Related Essay Examples
Cite This paper
You're welcome to use this sample in your assignment. Be sure to cite it correctly

Reference

IvyPanda. (2022, December 14). How Intellectual Property Laws Don’t Contradict the Sherman Antitrust Act of 1890. https://ivypanda.com/essays/how-intellectual-property-laws-dont-contradict-the-sherman-antitrust-act-of-1890/

Work Cited

"How Intellectual Property Laws Don’t Contradict the Sherman Antitrust Act of 1890." IvyPanda, 14 Dec. 2022, ivypanda.com/essays/how-intellectual-property-laws-dont-contradict-the-sherman-antitrust-act-of-1890/.

References

IvyPanda. (2022) 'How Intellectual Property Laws Don’t Contradict the Sherman Antitrust Act of 1890'. 14 December.

References

IvyPanda. 2022. "How Intellectual Property Laws Don’t Contradict the Sherman Antitrust Act of 1890." December 14, 2022. https://ivypanda.com/essays/how-intellectual-property-laws-dont-contradict-the-sherman-antitrust-act-of-1890/.

1. IvyPanda. "How Intellectual Property Laws Don’t Contradict the Sherman Antitrust Act of 1890." December 14, 2022. https://ivypanda.com/essays/how-intellectual-property-laws-dont-contradict-the-sherman-antitrust-act-of-1890/.


Bibliography


IvyPanda. "How Intellectual Property Laws Don’t Contradict the Sherman Antitrust Act of 1890." December 14, 2022. https://ivypanda.com/essays/how-intellectual-property-laws-dont-contradict-the-sherman-antitrust-act-of-1890/.

If, for any reason, you believe that this content should not be published on our website, please request its removal.
Updated:
This academic paper example has been carefully picked, checked and refined by our editorial team.
No AI was involved: only quilified experts contributed.
You are free to use it for the following purposes:
  • To find inspiration for your paper and overcome writer’s block
  • As a source of information (ensure proper referencing)
  • As a template for you assignment
1 / 1