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Patents, Antitrust, and Preemption
2016
Social Science Research Network
The dissonance between patent law and antitrust law has persisted despite a century of attempts at harmonization. This Article suggests an elegant, novel solution: preemption doctrine. Recognizing the limits of and costs associated with antitrust law, the U.S. Supreme Court has already held that where an alternative regulatory authority exists-and overlapping application of antitrust regulation would lead to conflict-antitrust law may be implicitly preempted. But this doctrine remains almost
doi:10.2139/ssrn.2743701
fatcat:2ozhu2dnlvgyxn2kpmwwzj6j74