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
Repository Citation
Hovenkamp, Herbert and Bohannan, Christina, "Restraints on Innovation" (2011). 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