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The Antitrust and Intellectual Property Intersection in European Union Law
[chapter]
The Cambridge Handbook of Antitrust, Intellectual Property, and High Tech
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concepts and do not clearly articulate the elements of this supposed theory. Its judgments distillate an "it-is-so-because-we-says-so" approach, in the words of Antonin Scalia. See Webster v. Reproductive Health Servs., 492 U.S. 490, 552 (1989). A related doctrine is the limited license theory, whereby the fact that an IPR owner has granted a license on restrictive terms cannot give rise to antitrust liability, for the simple reason that the IPR owner could have instead decided not to provide a license.
doi:10.1017/9781316671313.007
fatcat:gxowtnjbcrae5i5vtcqe4bkuri