This dissertation studies the relation between copyrights and antirust, specifically considering the acts of copyright owners that affect competition and antitrust laws.Taking in consideration that these two branches of law, even if they may be contradictive do to the goals that they seek and the aspects they want to protect and cover, they may function and coexist without affecting one and other. However, it’s been proven that the misuse of copyrights, in many cases, may affect competition and the norms stipulated in our Ley Orgánica de Control y Regulación de Poder del Mercado. This is the reason why the North American law has found the necessity of developing the copyright misuse defense, a doctrine that looks to punish those copyright owners that misuse their rights and as a result, violates antitrust laws.The legal issue lies in the absence of clarity in the doctrine, since it hasn’t been developed in the statutory norms of the United States or unanimous judicial and doctrinal precedents. This paper is intended to undertake a basic and applied research and analysis regarding the necessity of developing this doctrine in Ecuador and how it should be applied, considering all the aspects that has led to controversy and discussions all around the world.
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