Price Strategies of Intellectual Property Rights Holders of Technology Products and Antidumping Policies: The Legal Risks of Price Discrimination beyond Competition Law

Producers of technology products, including intellectual property (IP) rights holders, should not ignore the importance of states’ rights to apply antidumping duties in their pricing strategies. Although World Trade Organization (WTO) law aims at reducing states’ market barriers, antidumping is a legitimate barrier to trade. It offsets those pricing strategies where a producer dumps the export price, i.e. the export price is lower than the price charged by the producer on the domestic market. WTO law considers dumping as unfair trading practice. The article highlights why producers of technology products, including IP holders, need to consider antidumping policies when they make their pricing strategies. As competition law regulates pricing conduct, the article discusses the relationship between antidumping law and competition law, and it shows areas where antidumping policies go further than competition
law. Finally, the article discusses the limits in pricing conduct by IP holders in light of antidumping policies.