Chapter

Innovation and Exclusion

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/9780199738830.003.0012
Innovation and Exclusion

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This chapter examines exclusionary practices by dominant firms in innovation-intensive markets. Both IP and antitrust law are properly concerned with incentivizing innovation. But innovation can also be manipulated in harmful ways. Dangers to both competition policy and innovation policy can emerge when a dominant firm has significantly greater resources than its rivals. The chapter looks at problems involving commandeering and nonuse of patents, refusals to deal in network industries, the appropriate scope of any policy of internet neutrality, and whether innovation itself should ever be condemned as anticompetitive.

Keywords: exclusionary practices; intellectual property law; antitrust law; competition policy

Chapter.  17561 words. 

Subjects: Competition Law

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