In 1995, the Department of Justice and the Federal Trade Commission adopted new guidelines for those wishing to license intellectual property rights without violating antitrust laws. Designed to provide clarity, these guidelines instead breed confusion because they misunderstand the nature of...

In October 2003, the FTC issued a report entitled “To Promote Innovation: The Proper Balance of Competition and Patent Law and Policy” focused on the patent law system. A second report by both agencies is forthcoming and will make similar recommendations for the antitrust law enforcement...