Title

Restraints on Innovation

Document Type

Book Chapter

Publication Date

1-1-2011

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

Creation Without Restraint Promoting Liberty and Rivalry in Innovation

DOI

https://doi.org/10.1093/acprof:oso/9780199738830.003.0010

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