At a superficial level it seems that owning a monopolistic right is in contrast with competitiveness of the market, and exercising this right will prevent the free trade from being competitive. But the truth is that the existence of monopoly is not always a violation of competition law to be harmful to the trade, quite the reverse, in some cases it interacts with principles of competition law, the combination of which may ensure the interest in trade and economy and eventually social welfare. Monopolistic intellectual property rights per se do not violate competition law. What makes these rights an obstruction of competition is the misuse of exercising them by their owners. Therefore the control and surveillance of monopolistic rights of individuals by public laws seems to be necessary in order to preserve competition laws and put them into practice.
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