This historical overview examines the relationship between antitrust policy and intellectual property in the United States since 1890. Over most of this history, judges imagined far greater conflicts between antitrust policy and intellectual property rights than actually existed, or else relied...

This Comment is submitted in relation to the Federal Trade Commission's (“FTC”) Hearings on Competition and Consumer Protection in the 21st Century. We submit this Comment based upon our extensive experience and expertise in antitrust law and economics. As an organization committed to...

In a patent infringement suit, the alleged infringer wins with a ruling of either patent invalidity or non-infringement. It is ambiguous which of these outcomes is preferred by the alleged infringer. Invalidity may increase current-period competition, but simultaneously removes constraints to...

The US government has decidedly moved towards encouraging co-operation in research and development (R&D) between firms, universities, and other research institutes since the early 1980s. The Republican Administration in the early 1980s set the stage for a radical shift in market environment...

This paper explores the various policies implemented in Italy to foster innovative activities and to regulate the technological effects on market competition and Intellectual Property Rights (IPR). Research promotion has primarily taken the form of facilitated credits and grants to stimulate R&D...

This document comprises the proceedings of a roundtable on competition, patents and innovation held by the OECD's Competition Committee in Paris in October 2006. It consists of an executive summary and background paper by the Secretariat, 16 delegation contributions and a summary of the...

There is a significant industrial organization (IO) economics literature on the economics of innovation and intellectual property (IP) protection. As some courts and antitrust agencies have recognized, the IO economics toolkit for business arrangements (e.g., vertical restraints, tying and...

Technological breakthroughs occasionally set off floods of inventions and associated patents. The decline of the business method exception to patentability is likely to increase the frequency of patent floods. Future technological breakthroughs might now cause two different patent floods: a...

Standard setting has become increasingly important to the economy. Voluntary, open, and market driven standard setting promotes research and development investments in “best of generation” technologies that enable and accelerate follow on innovation, competition, and economic growth....

This chapter is part of a forthcoming book on EU and UK Competition Law. It provides critical analysis and materials on the following topics relating to the interaction between competition law and IP rights: the innovation process and the different models of interaction between competition law...