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Legal Monopoly: Patents and Antitrust Litigation in U.S. Manufacturing, 1970-1998

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  • B. Zorina Khan

Abstract

This paper presents an empirical analysis of the relationship between patenting, innovation, and federal antitrust enforcement towards firms in the manufacturing sector. I examine whether the likelihood of antitrust litigation is influenced by patent histories and R&D expenditures, after controlling for other firm-specific variables including size and likelihood of antitrust charges for medium and large firms. Smaller firms with faster sales growth are also more likely to be charged with antitrust violations.

Suggested Citation

  • B. Zorina Khan, 1999. "Legal Monopoly: Patents and Antitrust Litigation in U.S. Manufacturing, 1970-1998," NBER Working Papers 7068, National Bureau of Economic Research, Inc.
  • Handle: RePEc:nbr:nberwo:7068
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    References listed on IDEAS

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    1. Ordover, Janusz A & Willig, Robert D, 1985. "Antitrust for High-Technology Industries: Assessing Research Joint Ventures and Mergers," Journal of Law and Economics, University of Chicago Press, vol. 28(2), pages 311-333, May.
    2. Siegfried, John J, 1975. "The Determinants of Antitrust Activity," Journal of Law and Economics, University of Chicago Press, vol. 18(2), pages 559-574, October.
    3. repec:fth:harver:1473 is not listed on IDEAS
    4. Kamien, Morton I & Schwartz, Nancy L, 1975. "Market Structure and Innovation: A Survey," Journal of Economic Literature, American Economic Association, vol. 13(1), pages 1-37, March.
    5. Zvi Griliches, 1998. "Patent Statistics as Economic Indicators: A Survey," NBER Chapters,in: R&D and Productivity: The Econometric Evidence, pages 287-343 National Bureau of Economic Research, Inc.
    6. Kitch, Edmund W, 1977. "The Nature and Function of the Patent System," Journal of Law and Economics, University of Chicago Press, vol. 20(2), pages 265-290, October.
    7. Grossman, Gene M & Shapiro, Carl, 1986. "Research Joint Ventures: An Antitrust Analysis," Journal of Law, Economics, and Organization, Oxford University Press, vol. 2(2), pages 315-337, Fall.
    8. Faith, Roger L & Leavens, Donald R & Tollison, Robert D, 1982. "Antitrust Pork Barrel," Journal of Law and Economics, University of Chicago Press, vol. 25(2), pages 329-342, October.
    9. Weingast, Barry R & Moran, Mark J, 1983. "Bureaucratic Discretion or Congressional Control? Regulatory Policymaking by the Federal Trade Commission," Journal of Political Economy, University of Chicago Press, vol. 91(5), pages 765-800, October.
    10. Posner, Richard A, 1970. "A Statistical Study of Antitrust Enforcement," Journal of Law and Economics, University of Chicago Press, vol. 13(2), pages 365-419, October.
    11. Long, William F & Schramm, Richard & Tollison, Robert D, 1973. "The Economic Determinants of Antitrust Activity," Journal of Law and Economics, University of Chicago Press, vol. 16(2), pages 351-364, October.
    12. Shapiro, Carl & Willig, Robert D, 1990. "On the Antitrust Treatment of Production Joint Ventures," Journal of Economic Perspectives, American Economic Association, vol. 4(3), pages 113-130, Summer.
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