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Is Innovation King at the Antitrust Agencies? The Intellectual Property Guidelines Five Years Later

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  • Gilbert, Richard
  • Tom, Willard K

Abstract

The Microsoft antitrust case focused public attention on the role of antitrust enforcement in preserving the forces of innovation in high-technology markets. Traditionally, regulators focused on whether companies artificially hiked prices or reduced output. Now, they're increasingly likely to look first at whether corporate behavior aids or impedes innovation. In this paper, we examine whether innovation has displaced short-term price effects as the focus of antitrust enforcement by the Department of Justice and the Federal Trade Commission and, to the extent that it has, whether enforcement actions are any different as a result. We also ask whether enforcement actions in the area of intellectual property and innovation have been consistent with the 1995 DOJ/FTC Antitrust Guidelines for the Licensing of Intellectual Property [IP Guidelines]. Finally, we consider whether recent enforcement actions identify key areas in which additional guidance from the Agencies would be desirable. We address these questions first in merger cases and then in non-merger cases.

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Bibliographic Info

Paper provided by Department of Economics, Institute for Business and Economic Research, UC Berkeley in its series Department of Economics, Working Paper Series with number qt4mf5t2bm.

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Date of creation: 01 May 2001
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Handle: RePEc:cdl:econwp:qt4mf5t2bm

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Keywords: innovation; intellectual property; mergers; antitrust policy; standards; monopolization; L4; L12; L41; K21; O31; O38;

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Cited by:
  1. Müller, Ulf & Meyer, Lena, 2007. "Wettbewerb und Regulierung in der globalen Internetökonomie: Eine rechtsvergleichende Studie zwischen europäischem und US-amerikanischem Recht," Working Papers 45, Competence Center Internet Economy and Hybrid Systems, European Research Center for Information Systems (ERCIS), University of Münster.
  2. Adriana Breccia & Héctor Salgado Banda, 2005. "Competing or Colluding in a Stochastic Environment," Working Papers 2005-04, Banco de México.
  3. Padraig Dixon & Christine Greenhalgh, 2003. "The Economics of Intellectual Property: A Review to Identify Themes for Future Research," Levine's Working Paper Archive 618897000000000645, David K. Levine.
  4. Gilbert Richard J, 2006. "Competition and Innovation," Journal of Industrial Organization Education, De Gruyter, vol. 1(1), pages 1-23, December.
  5. Filson, Darren & Gretz, Richard T., 2004. "Strategic innovation and technology adoption in an evolving industry," Journal of Monetary Economics, Elsevier, vol. 51(1), pages 89-121, January.
  6. Boone, J. & Goeree, J.K., 2010. "Optimal Market Design," Discussion Paper 2010-011, Tilburg University, Tilburg Law and Economic Center.
  7. Adriana Breccia & Hector Salgado-Banda, 2005. "Competing or Colluding in a Stochastic Framework," Birkbeck Working Papers in Economics and Finance 0504, Birkbeck, Department of Economics, Mathematics & Statistics.
  8. Arijit Mukherjee & Prabal Roy chowdhury, 2013. "Innovation and social desirability of merger," Economics Bulletin, AccessEcon, vol. 33(1), pages 348-360.
  9. Litan, Robert E. & Shapiro, Carl, 2001. "Antitrust Policy During the Clinton Administration," Competition Policy Center, Working Paper Series qt45r5r72p, Competition Policy Center, Institute for Business and Economic Research, UC Berkeley.
  10. Nancy T. Gallini, 2002. "The Economics of Patents: Lessons from Recent U.S. Patent Reform," Journal of Economic Perspectives, American Economic Association, vol. 16(2), pages 131-154, Spring.
  11. Adriana Breccia & Hector Salgado-Banda, 2006. "Competing or Colluding in a Stochastic Environment," Computing in Economics and Finance 2006 423, Society for Computational Economics.
  12. Shapiro, Carl, 2002. "The FTC's Challenge to Intel's Cross-Licensing Practices," Competition Policy Center, Working Paper Series qt9756j0km, Competition Policy Center, Institute for Business and Economic Research, UC Berkeley.
  13. Shapiro, Carl, 2003. " Antitrust Limits to Patent Settlements," RAND Journal of Economics, The RAND Corporation, vol. 34(2), pages 391-411, Summer.

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