Innovations typically rely on multiple inventions which, in turn, frequently are subject to multiple patents or patent applications. In such cases, fragmentation of patent ownership introduces obstacles that may significantly hinder innovation. Patent pools constitute one potential mechanism to...

Antitrust law accepts the competitive marketplace, its operation, and its outcomes as an ideal. Society itself need not and does not. Although antitrust is not in the business of evaluating, for example, the “fairness” of prices, society can, and frequently does, properly concern itself with...

The treatment of innovation within the merger context by U.S. Antitrust Agencies continues to evolve, with regard to both general statements of enforcement policy and specific enforcement decisions. The respective merger guidelines issued by the Department of Justice and the Federal Trade...