Can a company refuse to deal with its competitors? On the specific question of patent licensing, in the United States the answer now generally accepted is yes: A patent holder may choose not to license its intellectual property to anyone, including a competitor, even if the intent is to disadvantage the competitor.

But this legal rule only emerged after decades of battle between competing antitrust philosophies. And victory in U.S. courts will not necessarily translate into victory in other countries with different economic agendas.

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