Legal Rules for Predatory Innovation

Predatory innovation theories claim that firms sometimes obtain or retain dominance by modifying products or introducing new technologies to foreclose rivals. U.S. antitrust law has permitted such claims in some circumstances, but subject to skepticism that courts or agencies are capable of balancing the benefits of new products against their anticompetitive effects. This essay critically analyzes several distinct types of predatory innovation liability and different rules that have been proposed or adopted to govern such claims