ABSTRACT
There is wide agreement that the last decade of 21st century or so has presented an unusually lively and challenging period for antitrust analysis. An additional challenge involves the application of established anti-trust principles to the growing high-tech sector of the economy. It is that application of antitrust law to the new economy, and particularly the relationship between antitrust and intellectual property. There are exceptions of course to antitrust enforcement's focus on cartel and monopoly concerns, and special attention to efficiencies. While barriers to entry may often be lower in high-tech sectors, partly because successful entry so often depends on new ideas, those barriers can nevertheless be substantial. One cannot assume that the market invariably will succeed in dissipating entrenched market power in an acceptable time frame or that superior products will displace inferior products that enjoy first-mover advantages. It is important for people concerned about incentives to produce intellectual property and people concerned about antitrust to engage constructively.
