An overview of the antitrust analysis of suppression of technology

Article Abstract:

Antitrust law falters in addressing issues regarding the suppression of technology. The suppression of technology is any conduct or agreement that restrains the availability or exploitation of a product or process. The suppression of technology could occur from the acquisition and suppression of new technologies, unilateral suppression by the originator or patent holder, and concerted suppression under an agreement by several individuals or organizations.

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Unilateral technology suppression: appropriate antitrust and patent law remedies

Article Abstract:

The antitrust remedies for improper unilateral suppression of technology depend on the patent holder's relation to the technology. The inventors of technologies should have nearly unlimited freedom under antitrust laws to utilize or to not utilize their patents. The remedies for the non-inventor patent holder who unilaterally suppresses technology may be found under either Section 7 of the Clayton Act or Section 2 of the Sherman Act.

Remedies, Patent law

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Foreword

Article Abstract:

The suppression of beneficial technologies from the public's use is permissible under American antitrust and intellectual property laws but is not permissible under the laws of the European Union. Both bodies of law, however, are meant to promote technological innovation for the welfare of consumers. The issue for this symposium was to consider why American antitrust and intellectual property laws allow technology suppression.

Laws, regulations and rules, Technological innovations, European Union

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