Sherman Act (15 U.S.C. §§ 1-7). Section 1 of the Sherman Act (15 U.S.C. § 1) prohibits unreasonable restraints of trade, while Section 2 of the Sherman Act (15 U.S.C. § 2) prohibits monopolization and attempts to monopolize.

Clayton Act (15 U.S.C. §§ 12-27 and 29 U.S.C. §§ 52-53). Section 7 of the Clayton Act (15 U.S.C. § 18) prohibits anticompetitive acquisitions, including acquisitions of IP. Section 3 of the Clayton Act (15 U.S.C. § 14) prohibits certain exclusive dealing arrangements involving the sale of goods.

Federal Trade Commission Act (FTC Act) (15 U.S.C. § 41). Section 5 of the FTC Act (15 U.S.C. 45) prohibits unfair methods of competition and has generally been interpreted as co-extensive with the Sherman Act.

Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR). The HSR Act imposes a waiting period for certain proposed transactions (such as mergers and acquisitions and certain IP licensing transactions) during which the federal antitrust agencies review the transaction to determine if it violates the federal antitrust laws.

IP licensing and collaborations, which can increase incentives for innovation and reduce costs by allowing IP owners to efficiently and effectively exploit their IP, but may adversely affect competition in the relevant product, technology, or research and development markets.

Standard-setting activities, including whether an organization must license its IP if the IP has been incorporated into an industry standard.

Tying IP to other products or other IP.

Patent pools and cross-licenses, which reduce costs for manufacturers but may raise antitrust risks if they involve price-fixing, discourage innovation, or exclude competitors.

Health Care Competition: Pharmaceutical Supply Chain and REMS Antitrust Issues