A Rose is a Rose is . . . : the Thorny Case of Morris Communications Corp. v. Professional Golf Association Tour, Inc.
Shubha Ghosh, University of Buffalo Law School, SUNY
When is an antitrust case not just an antitrust case? In Morris Communications Corp. v. Professional Golf Association Tour, Inc., the United States Court of Appeals for the Eleventh Circuit emphasized: "[T]his case is not about copyright law, the Constitution, the First Amendment, or freedom of the press in news reporting. This case is a straightforward antitrust case..."
By stressing this point, the court ignored important policy issues at the intersection of intellectual property and competition policy. As a result, the Morris decision creates troubling precedent for antitrust and intellectual property law and puts US law at odds with developments in the European Union.