Retooling the Patent-Antitrust Intersection: Insights from Behavioral Economics

Posted by Social Science Research Network

Retooling the Patent-Antitrust Intersection: Insights from Behavioral Economics

By Daryl Lim (The John Marshall Law School)

Abstract:     Behavioral economics has been embraced in finance and implemented by the government. In IP law, scholars have argued it can inform non-obviousness analyses, decipher patent damages, and develop a more nuanced narrative for incentivizing innovation. In antitrust law, scholars have argued for a larger role for behavioral economics in antitrust law more generally. Yet to date, there has been no consideration of …

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