Antitrust Article: Mergers and Acquisitions: The Monthly Tax Journal
12/1/2001
Recent actions by the Federal Trade Commission (FTC) highlight the question of the appropriate antitrust standard for certain types of settlements of intellectual property disputes, settlements in which the apparent dominant rights holder pays a potential entrant who agrees not to compete with the rights holder. This article examines that issue in the context of two hypothetical settlements and three recent FTC actions.
