The Path of the Interaction between Competition Law and Intellectual Property

The path of the interaction between Competition Law and Intellectual Property (IP) is traced in this article, beginning from their foundational divergence—where IP seeks to reward innovation through exclusivity, and Competition Law strives to prevent market monopolisation —to their current convergence in the global knowledge economy. A historical-analytical and normative approach is employed to examine the dialectical balance between innovation incentives and market fairness, which has been the central axis in shaping the legal framework governing this interface . The study highlights the adaptive strength of both regimes, as evidenced by international instruments such as the TRIPS Agreement, EU competition directives , and landmark antitrust jurisprudence addressing abuse of IP dominance. However, it also uncovers the growing inadequacies of existing norms in tackling modern challenges such as digital platform monopolies, data-driven innovation , standard-essential patents, and AI-generated intellectual property. The findings suggest that while significant progress has been made in harmonising the goals of innovation promotion and consumer welfare, emerging forms of technological concentration and cross-border enforcement asymmetries continue to test the resilience of current legal models. The paper calls for a new normative ethos—one that integrates dynamic competition policy with equitable IP governance through interdisciplinary, intersectional, and international cooperation . This comprehensive analysis not only enriches contemporary debates on IP–competition law reform but also offers pragmatic pathways for preserving both innovation incentives and competitive market structures in the twenty-first century.