Restraints on Innovation
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.
Antitrust policy, intellectual property law, innovation, price competition
Creation Without Restraint Promoting Liberty and Rivalry in Innovation
Hovenkamp, Herbert and Bohannan, Christina, "Restraints on Innovation" (2011). Book Chapters. 58.