This chapter describes an emergent jurisprudence and a residual economics that converge to support the reconceptualization of U.S. patent policy as a competition regime. Its approach is inspired by an opinion that Justice Sandra Day O'Connor wrote for a unanimous Supreme Court some twenty years...

The essay develops a new approach for antitrust analysis of pay-for-delay settlements in pharmaceutical patent infringement cases, an approach that shows them to be presumptively prohibited agreements in restraint of competition. The issue is timely in light of the Watson v FTC case now pending...

Although there are several variants of innovation economics at play in the current antitrust literature, the federal judiciary and enforcement agencies as well as a number of Chicago Schoolers have recognized the importance of policy they all associate with the economist Joseph Schumpeter,...

In this book Peritz analyzes how free competition has signified both freedom from oppressive government and freedom from private economic power. Peritz shows how these two complex yet distinct and sometimes contradictory images have influenced government policy and continue to inspire public...