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

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Author Info

  • Richard J. Gilbert

    (University of California, Berkeley)

  • Willard K. Tom

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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File URL: http://128.118.178.162/eps/io/papers/0106/0106002.pdf
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Bibliographic Info

Paper provided by EconWPA in its series Industrial Organization with number 0106002.

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Length: 48 pages
Date of creation: 08 Jun 2001
Date of revision:
Handle: RePEc:wpa:wuwpio:0106002

Note: 48 pages, Acrobat .pdf
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Web page: http://128.118.178.162

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Cited by:
  1. 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.
  2. Christine Greenhalgh & Padraig Dixon, 2002. "The Economics of Intellectual Property: A Review to Identify Themes for Future Research," Economics Series Working Papers 135, University of Oxford, Department of Economics.
  3. Boone, J. & Goeree, J.K., 2010. "Optimal Market Design," Discussion Paper 2010-011, Tilburg University, Tilburg Law and Economic Center.
  4. Darren Filson & Richard T. Gretz, 2003. "Strategic Innovation and Technology Adoption in an Evolving Industry," Claremont Colleges Working Papers 2003-08, Claremont Colleges.
  5. Adriana Breccia & Hector Salgado-Banda, 2006. "Competing or Colluding in a Stochastic Environment," Computing in Economics and Finance 2006 423, Society for Computational Economics.
  6. Adriana Breccia & Héctor Salgado Banda, 2005. "Competing or Colluding in a Stochastic Environment," Working Papers 2005-04, Banco de México.
  7. Robert E. Litan & Carl Shapiro, 2003. "Antitrust Policy During the Clinton Administration," Law and Economics 0303003, EconWPA.
  8. 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.
  9. Shapiro, Carl, 2003. " Antitrust Limits to Patent Settlements," RAND Journal of Economics, The RAND Corporation, vol. 34(2), pages 391-411, Summer.
  10. Arijit Mukherjee & Prabal Roy chowdhury, 2013. "Innovation and social desirability of merger," Economics Bulletin, AccessEcon, vol. 33(1), pages 348-360.
  11. 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.

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