Controlling Market Power in ASEAN: A Comparative Institutional Law and Economics Analysis of the Intellectual Property-Competition Law Interface
Abstract
Much of the scholarship concerning the intellectual property–competition law interface remains heavily doctrinal. Analysis commonly focuses upon compulsory licensing, refusals to deal, standard-essential patents (SEPs), patent settlements, technology transfer agreements and platform access obligations. Such work has generated valuable insights. However, it frequently assumes institutional environments like those of advanced jurisdictions, particularly those of the United States and the European Union.
This chapter argues that the interaction between intellectual property and competition law cannot be understood adequately through doctrinal analysis alone. The appropriate balance between intellectual property protection and competition law intervention depends critically upon institutional capacity, development strategy, market structure and political economy. Legal rules do not operate in the abstract. Their economic significance depends upon the institutions that interpret, administer and enforce them.
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