Intellectual Property and the Economics of Product Differentiation

Posted by Social Science Research Network Intellectual Property and the Economics of Product Differentiation By Christopher S. Yoo The literature applying the economics of product differentiation to intellectual property has been called the most important development in the economic analysis of IP in years. Relaxing the assumption that products are homogeneous yields new insights by explaining […]

Antitrust laws must promote the true driver of growth: innovation

Post by The Hill Antitrust laws must promote the true driver of growth: innovation By David J. Teece The goal underpinning US antitrust law is to promote competition that leads to lower prices and enhanced consumer welfare. For years, antitrust agencies have approached this goal by focusing on short-term, static competition, which emphasizes achieving low […]

The Antitrust F Word: Fairness Considerations in Competition Law

Posted by Social Science Research Network The Antitrust F Word: Fairness Considerations in Competition Law By Sandra Marco Colino This paper explores value of fairness as a goal of competition law. It contrasts the developments in the US, where non-economic goals are largely discarded by the prevailing antitrust thinking, with those in the EU and China, […]

After Consumer Welfare, Now What? The ‘Protection of Competition’ Standard in Practice

Posted by Social Science Research Network After Consumer Welfare, Now What? The ‘Protection of Competition’ Standard in Practice By Tim Wu  The consumer welfare standard in antitrust has been heavily criticized. But would, in fact, abandoning the “consumer welfare” standard make the antitrust law too unworkable and indeterminate? I argue that there is such a thing […]

Proportional Restraints in Horizontal Patent Settlements

Posted by Social Science Research Network Proportional Restraints in Horizontal Patent Settlements   By Erik Hovenkamp & Jorge Lemus  When rivals settle a patent dispute, they prefer to preserve monopoly profits, even if the patent is very likely invalid or noninfringed. Antitrust has come to embrace a policy that requires horizontal settlements to restrain competition by no […]

The Misguided Assault on the Consumer Welfare Standard in the Age of Platform Markets

Posted by Social Science Research Network The Misguided Assault on the Consumer Welfare Standard in the Age of Platform Markets By A. Douglas Melamed & Nicolas Petit This paper discusses the recent scholarly and policy attack against the consumer welfare (“CW”) standard. It shows that the CW standard is not the explanatory factor for perceived low levels […]

Innovation by Dominant Firms in the Market: Damned If You Don’t… But Damned If You Do?

Posted by Social Science Research Network Innovation by Dominant Firms in the Market: Damned If You Don’t… But Damned If You Do? By Francisco Marcos (IE Law School) Innovation is key for dynamic efficiency and one of the best recipes to increase long-term businesses’ profits and, at the same time, enhance consumer welfare. Modern high-technology […]

The Enduring Vitality of Comity in a Globalized World

Posted by Social Science Research Network The Enduring Vitality of Comity in a Globalized World By Douglas H. Ginsburg & John Taladay Consideration of comity in antitrust cases is more important than ever. The global proliferation of competition law enforcement agencies has produced profound effects. Most are highly beneficial for consumers at a local level, but these […]

Innovation by Dominant Firms in the Market: Damned If You Don’t… But Damned If You Do?

Posted by Social Science Research Network Innovation by Dominant Firms in the Market: Damned If You Don’t… But Damned If You Do? By Francisco Marcos Innovation is key for dynamic efficiency and one of the best recipes to increase long-term businesses’ profits and, at the same time, enhance consumer welfare. Modern high-technology markets offer a perfect […]