The departments assured that the update continues to rely on the basic principles set forth in the original 1995 guideline, which set forth that:
- the Agencies apply the same antitrust analysis to conduct involving intellectual property as to conduct involving other forms of property, taking into account the specific characteristics of a particular property right;
- the Agencies do not presume that intellectual property creates market power; and
- the Agencies recognize that intellectual property licensing allows firms to combine complementary factors of production and is generally procompetitive.”
The full text of the updates can be found at https://www.justice.gov/atr/guidelines-and-policy-statements-0/2017-update-antitrust-guidelines-licensing-intellectual-property.