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We study the 1956 consent decree against the Bell System to investigate whether patents held by a dominant firm are harmful for innovation and if so, whether compulsory licensing can provide an effective remedy. The consent decree settled an antitrust lawsuit that charged Bell with having...
Persistent link: https://www.econbiz.de/10011591035
We study the 1956 consent decree against the Bell System to investigate whether patents held by a dominant firm are harmful for innovation and if so, whether compulsory licensing can provide an effective remedy. The consent decree settled an antitrust lawsuit that charged Bell with having...
Persistent link: https://www.econbiz.de/10012960483
Non price considerations in merger control and unilateral conduct enforcement have been elements of the competition authorities’ assessment in the last few decades. Recently a revamped emphasis on such factors and in particular on the importance of innovation has characterised the European...
Persistent link: https://www.econbiz.de/10013321457
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...
Persistent link: https://www.econbiz.de/10014130333
This article examines the intersection of antitrust and intellectual property law, critiquing the government's approach and proposing amendments to current standards. In particular, this article focuses on the U.S. Department of Justice and Federal Trade Commission's treatment of innovation...
Persistent link: https://www.econbiz.de/10014218284
This paper examines the evolution of national competition (antitrust) policies and enforcement approaches vis-à-vis intellectual property rights (IPRs) and associated anti-competitive practices in major jurisdictions over the past several decades. It focuses especially on the underlying process...
Persistent link: https://www.econbiz.de/10011723874
Licensing technology essential to a standard can present a hold-up problem. After designing new products incorporating a standard, a manufacturer could be confronted by an innovator asserting patent rights to essential technology. A damages remedy provided by antitrust or some other body of law...
Persistent link: https://www.econbiz.de/10013068804
, and optimal liability rules that goes beyond merely selecting economic models that fit regulator’s prior beliefs. We begin … economic theory and evidence on a case by case basis. Instead, we favor an approach that is consistent with the spirit of … theory, empirical evidence, and acknowledgment of the institutional biases toward false positives discussed above …
Persistent link: https://www.econbiz.de/10014046082
This paper modifies the optimal penalty analysis by incorporating investment incentives with external benefits. In the models examined, the recommendation that the optimal penalty should internalize the marginal social harm is no longer valid as a general rule. We focus on antitrust...
Persistent link: https://www.econbiz.de/10014047026
market failure. We provide an economic analysis of these allegations based upon economic theory as well as publicly available …, enriched with modern economic theory, should suffice to disincentivize the identified anticompetitive conduct for now. …
Persistent link: https://www.econbiz.de/10011492143