Restraints on Innovation
Document Type
Book Chapter
Publication Date
1-1-2012
Abstract
This chapter turns to one place where antitrust policy and IP policy should be aligned—namely, where a practice serves to restrain rather than promote innovation. Unfortunately antitrust's strict proof requirements for harm and effects on price competition often stand in the way of making antitrust a useful device for challenging restraints on innovation, particularly in private lawsuits.
Keywords
Antitrust policy, intellectual property law, innovation, price competition
Publication Title
Innovation and Competition Policy: Cases and Materials
Repository Citation
Hovenkamp, Herbert and Bohannan, Christina, "Restraints on Innovation" (2012). Book Chapters. 58.
https://scholarship.law.upenn.edu/faculty_chapters/58
https://doi.org/10.1093/acprof:oso/9780199738830.003.0010
DOI
https://doi.org/10.1093/acprof:oso/9780199738830.003.0010