IDEAS home Printed from https://ideas.repec.org/p/liu/liucec/114.html
   My bibliography  Save this paper

Copyright and Antitrust Issues

Author

Abstract

This paper examines the relationships between copyright and competition law, paying special attention to the elements of conflict which have repeatedly emerged from recent antitrust cases in both the United States and Europe. In particular, the thesis argued is that the framework of intellectual property rights is crucial to antitrust evaluations because of the deterministic relation which exists between property rights on the one hand, and market structure and modes of competition on the other. In consideration of this relationship, it will be shown that several purportedly anti-competitive behaviours are in reality of an ambiguous character when considered within the system of incentives defined by copyright. What is more, given that copyright is essentially a calculated restriction on competition introduced by legislators to correct a specific market failure (i.e., creation of a sub-optimal level of copyrightable works), it then becomes quite difficult to pursue anti-competitive behaviours in a manner consistent with the nature of copyright and the incentives system. The work also shows how scholars are confronted with a structural weakness in the economic theory, vis-à-vis the current needs of antitrust enforcement in markets regulated by copyright. This weakness is probably attributable to the fact that the theory principally grew out of a study of the structure and dynamics of the manufacturing industries, and has therefore produced analysis tools geared to that particular context. However such tools are not ideally suited to the markets of information goods protected by copyright, which have modes of competition that differ substantially from those of the sectors which produce tangible goods.

Suggested Citation

  • Giovanni B. Ramello, 2002. "Copyright and Antitrust Issues," LIUC Papers in Economics 114, Cattaneo University (LIUC).
  • Handle: RePEc:liu:liucec:114
    as

    Download full text from publisher

    File URL: https://biblio.liuc.it/liucpap/pdf/114.pdf
    Download Restriction: no
    ---><---

    Other versions of this item:

    References listed on IDEAS

    as
    1. Richard Schmalensee, 1978. "Entry Deterrence in the Ready-to-Eat Breakfast Cereal Industry," Bell Journal of Economics, The RAND Corporation, vol. 9(2), pages 305-327, Autumn.
    2. A. Marvasti, 2000. "Motion Pictures Industry: Economies of Scale and Trade," International Journal of the Economics of Business, Taylor & Francis Journals, vol. 7(1), pages 99-114.
    3. Anderson, Robert D, 1998. "The Interface between Competition Policy and Intellectual Property in the Context of the International Trading System," Journal of International Economic Law, Oxford University Press, vol. 1(4), pages 655-678, December.
    4. Besen, Stanley M., 1986. "Private copying, reproduction costs, and the supply of intellectual property," Information Economics and Policy, Elsevier, vol. 2(1), pages 5-22.
    5. Templeman, Sydney, 1998. "Intellectual Property," Journal of International Economic Law, Oxford University Press, vol. 1(4), pages 603-606, December.
    6. Gilbert, Richard J & Newbery, David M G, 1982. "Preemptive Patenting and the Persistence of Monopoly," American Economic Review, American Economic Association, vol. 72(3), pages 514-526, June.
    7. Dennis W. Carlton & Robert H. Gertner, 2003. "Intellectual Property, Antitrust, and Strategic Behavior," NBER Chapters, in: Innovation Policy and the Economy, Volume 3, pages 29-60, National Bureau of Economic Research, Inc.
    8. Richard Schmalensee, 2000. "Antitrust Issues in Schumpeterian Industries," American Economic Review, American Economic Association, vol. 90(2), pages 192-196, May.
    9. Silva, Francesco & Ramello, Giovanni B, 2000. "Sound Recording Market: The Ambiguous Case of Copyright and Piracy," Industrial and Corporate Change, Oxford University Press and the Associazione ICC, vol. 9(3), pages 415-442, September.
    10. Audretsch, David B. & Baumol, William J. & Burke, Andrew E., 2001. "Competition policy in dynamic markets," International Journal of Industrial Organization, Elsevier, vol. 19(5), pages 613-634, April.
    11. David S. Evans & Richard Schmalensee, 2002. "Some Economic Aspects of Antitrust Analysis in Dynamically Competitive Industries," NBER Chapters, in: Innovation Policy and the Economy, Volume 2, pages 1-50, National Bureau of Economic Research, Inc.
    12. Landes, William M & Posner, Richard A, 1989. "An Economic Analysis of Copyright Law," The Journal of Legal Studies, University of Chicago Press, vol. 18(2), pages 325-363, June.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Noemí Pulido Pavón & Luis Palma Martos, 2014. "Effectiveness of Intellectual Property Regimes: 2006-2011," GEMF Working Papers 2014-12, GEMF, Faculty of Economics, University of Coimbra.
    2. Donatella Porrini & Giovanni B. Ramello, 2005. "Competition in banking: switching costs and the limits of antitrust enforcement," Chapters, in: Alain Marciano & Jean-Michel Josselin (ed.), Law and the State, chapter 13, Edward Elgar Publishing.
    3. Antonio Nicita & Giovanni Ramello & Frederic Scherer, 2005. "Intellectual Property Rights and the Organization of Industries: New Perspectives in Law and Economics," International Journal of the Economics of Business, Taylor & Francis Journals, vol. 12(3), pages 289-296.
    4. Koji Domon & Alessandro Melcarne & Giovanni B. Ramello, 2019. "Digital piracy in Asian countries," Economia e Politica Industriale: Journal of Industrial and Business Economics, Springer;Associazione Amici di Economia e Politica Industriale, vol. 46(1), pages 117-135, March.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Jochen Lorentzen & Peter Møllgaard, 2006. "Competition Policy and Innovation," Chapters, in: Patrizio Bianchi & Sandrine Labory (ed.), International Handbook on Industrial Policy, chapter 6, Edward Elgar Publishing.
    2. Rockett, Katharine, 2010. "Property Rights and Invention," Handbook of the Economics of Innovation, in: Bronwyn H. Hall & Nathan Rosenberg (ed.), Handbook of the Economics of Innovation, edition 1, volume 1, chapter 0, pages 315-380, Elsevier.
    3. Chakravarthi Narasimhan & Z. John Zhang, 2000. "Market Entry Strategy Under Firm Heterogeneity and Asymmetric Payoffs," Marketing Science, INFORMS, vol. 19(4), pages 313-327, November.
    4. Matthew Selove, 2014. "A Dynamic Model of Competitive Entry Response," Marketing Science, INFORMS, vol. 33(3), pages 353-363, May.
    5. Susan Athey & Scott Stern, 2015. "The Nature and Incidence of Software Piracy: Evidence from Windows," NBER Chapters, in: Economic Analysis of the Digital Economy, pages 443-477, National Bureau of Economic Research, Inc.
    6. Roberto Fontana & Lionel Nesta, 2007. "Product entry in a fast growing industry: The LAN switch market," Springer Books, in: Uwe Cantner & Franco Malerba (ed.), Innovation, Industrial Dynamics and Structural Transformation, pages 87-106, Springer.
    7. Paul M. Vaaler & Gerry McNamara, 2010. "Are Technology-Intensive Industries More Dynamically Competitive? No and Yes," Organization Science, INFORMS, vol. 21(1), pages 271-289, February.
    8. S. Baranzoni & P. Bianchi & L. Lambertini, 2000. "Multiproduct Firms, Product Differentiation, and Market Structure," Working Papers 368, Dipartimento Scienze Economiche, Universita' di Bologna.
    9. Joshua S. Gans, 2011. "When Is Static Analysis a Sufficient Proxy for Dynamic Considerations? Reconsidering Antitrust and Innovation," Innovation Policy and the Economy, University of Chicago Press, vol. 11(1), pages 55-78.
    10. Walter Park & Ralph Sonenshine, 2012. "Impact of Horizontal Mergers on Research & Development and Patenting: Evidence from Merger Challenges in the U.S," Journal of Industry, Competition and Trade, Springer, vol. 12(1), pages 143-167, March.
    11. Wittkopp, Antje, 2002. "Marktstruktur, Innovationsaktivität und Profitabilität der deutschen Ernährungswirtschaft: Das Beispiel Functional Food," FE Working Papers 0205, Christian-Albrechts-University of Kiel, Department of Food Economics and Consumption Studies.
    12. Gilbert Richard J, 2006. "Competition and Innovation," Journal of Industrial Organization Education, De Gruyter, vol. 1(1), pages 1-23, December.
    13. Yoon, Kiho, 2002. "The optimal level of copyright protection," Information Economics and Policy, Elsevier, vol. 14(3), pages 327-348, September.
    14. S H Martzoukos, 2009. "Real R&D options and optimal activation of two-dimensional random controls," Journal of the Operational Research Society, Palgrave Macmillan;The OR Society, vol. 60(6), pages 843-858, June.
    15. John Stanley Metcalfe & Ronnie Ramlogan, 2007. "Competition and the Regulation of Economic Development," Chapters, in: Paul Cook & Raul Fabella & Cassey Lee (ed.), Competitive Advantage and Competition Policy in Developing Countries, chapter 2, Edward Elgar Publishing.
    16. Giovanni B. Ramello, 2005. "Pelle sub agnina latitat mens saepe lupina: copyright in the marketplace," Chapters, in: Alain Marciano & Jean-Michel Josselin (ed.), Law and the State, chapter 12, Edward Elgar Publishing.
    17. Bradley, Wendy A. & Kolev, Julian, 2023. "How does digital piracy affect innovation? Evidence from software firms," Research Policy, Elsevier, vol. 52(3).
    18. Shastitko, A. & Kurdin, A., 2014. "Protection of Intellectual Property Rights and Competition Policy: Seeking for a Better Balance," Journal of the New Economic Association, New Economic Association, vol. 21(1), pages 111-135.
    19. David S. Evans & Richard Schmalensee, 2002. "Some Economic Aspects of Antitrust Analysis in Dynamically Competitive Industries," NBER Chapters, in: Innovation Policy and the Economy, Volume 2, pages 1-50, National Bureau of Economic Research, Inc.
    20. Bae, Hyung, 2002. "Product innovation, sell-off, and entry deterrence," International Journal of Industrial Organization, Elsevier, vol. 20(4), pages 577-588, April.

    More about this item

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:liu:liucec:114. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Laura Ballestra (email available below). General contact details of provider: https://edirc.repec.org/data/liuccit.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.