Chapter

Restraints on Innovation

Christina Bohannan and Herbert Hovenkamp

in Creation without Restraint

Published in print January 2012 | ISBN: 9780199738830
Published online May 2012 | e-ISBN: 9780199932702 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199738830.003.0010
Restraints on Innovation

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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

Chapter.  9567 words. 

Subjects: Competition Law

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