Antitrust in Wonderland : Regulating Markets of Innovation

This article examines the intersection of antitrust and intellectual property law, critiquing the government's approach and proposing amendments to current standards. In particular, this article focuses on the U.S. Department of Justice and Federal Trade Commission's treatment of innovation effects as a factor in antitrust analyses. While the government characterizes innovation effects as fundamental to Antitrust-IP law, the Guidelines set forth by the government in its present state renders the innovation effects factor as nugatory and, in the long run, will hinder technological research and development in this country. Thus, this article proposes amendments to the Guidelines so that innovation effects may be given greater weight. This article revisits the history of antitrust law applied to the New Economy, explains why current standards are flawed, and suggests amendments to the Guidelines that would offer more potency to the innovation effects factor