The Review of Austrian Economics, 18:3/4, 343–344, 2005. 2005 Springer Science + Business Media, Inc. Manufactured in The Netherlands. Book Review DINA KALLAY (2004) The Law and Economics of Antitrust and Intellectual Property: An Austrian Approach, Northampton: Edward Elgar. Were it not for the subtitle, and the repeated appeals to the insights of Austrian economics, this book would be valuable simply as an interesting part-survey-part-analysis of the rela- tionship between antitrust and intellectual property (IP). The author is, however, claiming to have done more; speciﬁcally to have produced a new and superior approach to under- standing this intersecting relationship and implementing policy to deal with it. That this claim has been fulﬁlled may be seriously doubted. The relationship between IP and antitrust is fairly easy to understand. A copyright, and especially a patent, is basically the creation of a legal monopoly to the use of a particular formula of expression or device. As such it potentially conﬂicts with the stated aims of antitrust—it is essentially uncompetitive in that it creates a barrier to competition for those who might compete by using the monopolized patent or copyrighted material. Those wishing to compete with Microsoft, for example, by producing software applications
The Review of Austrian Economics – Springer Journals
Published: Jan 1, 2005
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