Innovation and Exclusion

Document Type

Book Chapter

Publication Date



This chapter examines exclusionary practices by dominant firms in innovation-intensive markets. Both IP and antitrust law are properly concerned with incentivizing innovation. But innovation can also be manipulated in harmful ways. Dangers to both competition policy and innovation policy can emerge when a dominant firm has significantly greater resources than its rivals. The chapter looks at problems involving commandeering and nonuse of patents, refusals to deal in network industries, the appropriate scope of any policy of internet neutrality, and whether innovation itself should ever be condemned as anticompetitive.


exclusionary practices, intellectual property law, antitrust law, competition policy

Publication Title

Creation Without Restraint Promoting Liberty and Rivalry in Innovation