Antitrust and intellectual property: Unresolved at the heart of the new economy

The essential feature that is new about the "New Economy" is its increased dependence on products and services that are the embodiment of ideas. The goal of a coherent overall competition policy, in deciding both what conduct to enforce against and what remedies to require, should be to achieve an appropriate balance between the complementary legal regimes of intellectual property and antitrust. Antitrust enforcement has generally evolved in recent years in a way that pays heed to the distinctive characteristics of the New Economy.