Hofstra Law Review
This Article examines a number of problematic areas in which the antitrust and intellectual property laws fail, or have failed, to attain the efficiency and welfare goals that underlie them. Although some of the areas in question have been separately analyzed in the literature, this Article focuses on them as a unitary group: one whose existence presents a challenge to the antitrust and intellectual property laws to develop a common approach by explicitly recognizing the maximization of aggregate social welfare as the goal of both sets of laws. This recognition would help courts resolve apparent conflicts in the applications of these laws, would probably produce better overall decisional results, and would increase overall predictability. It would also help the public to better understand the roles of these laws, and the significance of the legal issues underlying their applications.
Daniel J. Gifford, Dominance, Innovation, and Efficiency: Modifying Antitrust and Intellectual Property Doctrines to Further Welfare, 40 Hofstra L. Rev. 437 (2011), available at http://scholarship.law.umn.edu/faculty_articles/356.