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Defensive Disclosure under Antitrust Enforcement

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  • Ajay Bhaskarabhatla

    ()
    (Erasmus University Rotterdam)

  • Enrico Pennings

    ()
    (Erasmus University Rotterdam)

Abstract

We formulate a simple model of optimal defensive disclosure by a monopolist facinguncertain antitrust enforcement and test its implications using unique data on defensivedisclosures and patents by IBM during 1955-1989. Our results indicate that strongerantitrust enforcement leads to more defensive disclosure, that quality inventions aredisclosed defensively, and that defensive disclosure served as an alternative but lesssuccessful mechanism to patenting at IBM in appropriating returns from R&D.

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Bibliographic Info

Paper provided by Tinbergen Institute in its series Tinbergen Institute Discussion Papers with number 12-010/2.

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Date of creation: 09 Feb 2012
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Handle: RePEc:dgr:uvatin:20120010

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Keywords: Antitrust; Defensive Disclosure; Patent; IBM;

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  3. Bronwyn Hall, 2004. "Exploring the patent explosion," ESRC Centre for Business Research - Working Papers, ESRC Centre for Business Research wp291, ESRC Centre for Business Research.
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  9. Hall, Bronwyn H & Ziedonis, Rosemarie Ham, 2001. "The Patent Paradox Revisited: An Empirical Study of Patenting in the U.S. Semiconductor Industry, 1979-1995," RAND Journal of Economics, The RAND Corporation, vol. 32(1), pages 101-28, Spring.
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  15. Block, Michael Kent & Nold, Frederick Carl, 1981. "The Deterrent Effect of Antitrust Enforcement," Journal of Political Economy, University of Chicago Press, University of Chicago Press, vol. 89(3), pages 429-45, June.
  16. Ghosal, Vivek, 2007. "Regime Shift in Antitrust," MPRA Paper 5460, University Library of Munich, Germany.
  17. Horstmann, Ignatius & MacDonald, Glenn M & Slivinski, Alan, 1985. "Patents as Information Transfer Mechanisms: To Patent or (Maybe) Not to Patent," Journal of Political Economy, University of Chicago Press, University of Chicago Press, vol. 93(5), pages 837-58, October.
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  19. Jay Pil Choi (ed.), 2006. "Recent Developments in Antitrust: Theory and Evidence," MIT Press Books, The MIT Press, edition 1, volume 1, number 0262033569, December.
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