Antitrust and intellectual property laws promote innovation and competition. As long as the costs of promotion do not exceed the benefit to society, then the laws act in harmony. Discord arises when patent holders use public and private ordering to restrain competition, restrict downstream trade, prevent the development of competing products and limit output by competitors. Using the Patent Act and the misperception of antitrust immunity to create a parallel and under-regulated legal system allows a small number of patent holders to coordinate their behavior to maximize profits and minimize competition. The Patent Act provides no shield to prosecution for antitrust violations - such is a patent misperception only. Harmony comes from balanci...
In this article, I explain the interaction between the two laws and describe the ways in which these...
In this article, I explain the interaction between the two laws and describe the ways in which these...
Patents create strong incentives for collaborative development. For many technologies fixed costs ar...
We have two conceptions of the relationship between antitrust and patent: in tension or complementar...
We have two conceptions of the relationship between antitrust and patent: in tension or complementar...
We examine the intersection of patents and antitrust where a patent holder uses the monopoly power i...
Patent law and antitrust law have traded ascendancy over the last century, as courts and other insti...
We examine the intersection of patents and antitrust where a patent holder uses the monopoly power i...
In the past couple of decades, many scholars have debated the worthiness of the limited monopoly tha...
We examine the intersection of patents and antitrust where a patent holder uses the monopoly power i...
In the past couple of decades, many scholars have debated the worthiness of the limited monopoly tha...
Since the federal antitrust laws were first passed they have cycled through extreme positions on the...
For large parts of their history intellectual property law and antitrust law have worked so as to un...
My thesis for this paper is based upon developments which appear, as of 1955, to bring into clearer ...
Both antitrust and IP law are limited and imperfect instruments for regulating innovation. The probl...
In this article, I explain the interaction between the two laws and describe the ways in which these...
In this article, I explain the interaction between the two laws and describe the ways in which these...
Patents create strong incentives for collaborative development. For many technologies fixed costs ar...
We have two conceptions of the relationship between antitrust and patent: in tension or complementar...
We have two conceptions of the relationship between antitrust and patent: in tension or complementar...
We examine the intersection of patents and antitrust where a patent holder uses the monopoly power i...
Patent law and antitrust law have traded ascendancy over the last century, as courts and other insti...
We examine the intersection of patents and antitrust where a patent holder uses the monopoly power i...
In the past couple of decades, many scholars have debated the worthiness of the limited monopoly tha...
We examine the intersection of patents and antitrust where a patent holder uses the monopoly power i...
In the past couple of decades, many scholars have debated the worthiness of the limited monopoly tha...
Since the federal antitrust laws were first passed they have cycled through extreme positions on the...
For large parts of their history intellectual property law and antitrust law have worked so as to un...
My thesis for this paper is based upon developments which appear, as of 1955, to bring into clearer ...
Both antitrust and IP law are limited and imperfect instruments for regulating innovation. The probl...
In this article, I explain the interaction between the two laws and describe the ways in which these...
In this article, I explain the interaction between the two laws and describe the ways in which these...
Patents create strong incentives for collaborative development. For many technologies fixed costs ar...