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Bankruptcy Codes and Innovation

Viral V. Acharya and Krishnamurthy V. Subramanian.

in The Review of Financial Studies

December 2009; p ublished online April 2009 .

Journal Article. Subjects: Corporate Governance; Law and Economics; Technological Change; Research and Development; Economic Growth and Aggregate Productivity; Economywide Country Studies. 18323 words.

We argue that when bankruptcy code is creditor friendly, excessive liquidations cause levered firms to shun innovation, whereas by promoting continuation upon failure, a debtor-friendly...

DO NPEs MATTER? NON-PRACTICING ENTITIES AND PATENT LITIGATION OUTCOMES

Michael J. Mazzeo, Jonathan H. Ashtor and Samantha Zyontz.

in Journal of Competition Law & Economics

December 2013; p ublished online November 2013 .

Journal Article. Subjects: Technological Change; Research and Development; Economic Sociology; Law and Economics; Econometrics and Mathematical Economics. 8496 words.

It is widely argued that so-called “patent trolls” are corrupting the U.S. patent system and endangering technology innovation and commercialization at large. For example, a recent White...

DYNAMIC COMPETITION IN ANTITRUST LAW

J. Gregory Sidak and David J. Teece.

in Journal of Competition Law & Economics

December 2009; p ublished online November 2009 .

Journal Article. Subjects: Regulation and Industrial Policy; Antitrust Issues and Policies; Law and Economics; Technological Change; Research and Development. 21989 words.

How would competition policy be shaped if it were to explicitly favor Schumpeterian (dynamic) competition over neoclassical (static) competition? Schumpeterian competition is the kind of...

The Economics of Scientific Misconduct

Nicola Lacetera and Lorenzo Zirulia.

in The Journal of Law, Economics, and Organization

October 2011; p ublished online October 2009 .

Journal Article. Subjects: Technological Change; Research and Development; Law and Economics; Economic Sociology; Information, Knowledge, and Uncertainy. 14707 words.

This article presents a model of the research and publication process that analyzes why scientists commit fraud and how fraud can be detected and prevented. In the model, authors are...

EFFICIENCY METRICS FOR COMPETITION POLICY IN NETWORK INDUSTRIES

Timothy J. Tardiff.

in Journal of Competition Law & Economics

December 2010; p ublished online December 2009 .

Journal Article. Subjects: Regulation and Industrial Policy; Antitrust Issues and Policies; Law and Economics; Technological Change; Research and Development. 5710 words.

In evaluating competition and regulatory policies, economists typically emphasize the extent to which such policies promote economic efficiency. The outcome of such evaluations—particularly...

The emerging market for intellectual property: drivers, restrainers, and implications

Ashby H. B. Monk.

in Journal of Economic Geography

July 2009; p ublished online February 2009 .

Journal Article. Subjects: Law and Economics; Economics; Urban, Rural, and Regional Economics; Business and Management; Technological Change; Research and Development. 11305 words.

The rise of the knowledge economy has ushered in important changes to the economic landscape. One such change is the emergence of a market for intellectual property (IP), and more...

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THE FTC, IP, AND SSOS: GOVERNMENT HOLD-UP REPLACING PRIVATE COORDINATION

Richard A. Epstein, F. Scott Kieff and Daniel F. Spulber.

in Journal of Competition Law & Economics

March 2012; p ublished online March 2012 .

Journal Article. Subjects: Law and Economics; General Economics; Technological Change; Research and Development; History of Economic Thought (1925 onwards); Household Behaviour and Family Economics; Property Law; Microeconomics; Analysis of Collective Decision-making; Manufacturing; Welfare Economics; Antitrust Issues and Policies; Economic History; Production and Organizations; Market Structure and Pricing; Information, Knowledge, and Uncertainy; Regulation and Industrial Policy; Capitalist Systems; Firm Objectives, Organization, and Behaviour; Market Structure, Firm Strategy, and Market Performance; History of Economic Thought (to 1925). 21147 words.

In its recent report entitled, “The Evolving IP Marketplace,” the Federal Trade Commission (FTC) proposes a far-reaching regulatory approach (Proposal) that is likely to interfere with the...

GOOGLE AND THE PROPER ANTITRUST SCRUTINY OF ORPHAN BOOKS

Jerry A. Hausman and J. Gregory Sidak.

in Journal of Competition Law & Economics

September 2009; p ublished online August 2009 .

Journal Article. Subjects: Regulation and Industrial Policy; Antitrust Issues and Policies; Law and Economics; Technological Change; Research and Development. 12198 words.

We examine the consumer-welfare implications of Google's project to scan a large proportion of the world's books into digital form and to make these works accessible to consumers through...

THE GOOGLE BOOK SEARCH SETTLEMENT: A NEW ORPHAN-WORKS MONOPOLY?

Randal C. Picker.

in Journal of Competition Law & Economics

September 2009; p ublished online August 2009 .

Journal Article. Subjects: Law and Economics; Antitrust Issues and Policies; Technological Change; Research and Development; Market Structure and Pricing. 12020 words.

This paper considers the proposed settlement agreement between Google and the Authors Guild relating to Google Book Search (GBS). I focus on three issues that raise antitrust and...

INCENTIVE EFFECTS FROM DIFFERENT APPROACHES TO HOLDUP MITIGATION SURROUNDING PATENT REMEDIES AND STANDARD-SETTING ORGANIZATIONS

F. Scott Kieff and Anne Layne-Farrar.

in Journal of Competition Law & Economics

December 2013; p ublished online November 2013 .

Journal Article. Subjects: Property Law; History of Economic Thought (1925 onwards); General Economics; Technological Change; Research and Development; Antitrust Issues and Policies; Production and Organizations; Market Structure and Pricing; Law and Economics. 16313 words.

Debates about patent policy often focus on the potential for the threat of a court-imposed remedy for patent infringement to cause manufacturing entities and others to suffer patent holdup,...

INNOVATION AND THE LIMITS OF ANTITRUST

Geoffrey A. Manne and Joshua D. Wright.

in Journal of Competition Law & Economics

March 2010; p ublished online March 2010 .

Journal Article. Subjects: Law and Economics; Antitrust Issues and Policies; Technological Change; Research and Development; Economic Methodology; Market Structure, Firm Strategy, and Market Performance. 22548 words.

Frank Easterbrook's seminal analysis of error-cost minimization in The Limits of Antitrust has special relevance to antitrust intervention in markets where innovation is a critical...

INNOVATION SPILLOVERS AND THE “DIRT ROAD” FALLACY: THE INTELLECTUAL BANKRUPTCY OF BANNING OPTIONAL TRANSACTIONS FOR ENHANCED DELIVERY OVER THE INTERNET

J. Gregory Sidak and David J. Teece.

in Journal of Competition Law & Economics

September 2010; p ublished online July 2010 .

Journal Article. Subjects: Technological Change; Research and Development; Energy and Utilities; Antitrust Issues and Policies; Law and Economics; Industry Studies; Regulation and Industrial Policy. 32495 words.

In October 2009, the Federal Communications Commission proposed “net neutrality” regulations, including a new rule that would have the effect of banning optional business-to-business...

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Law, finance and innovation: the dark side of shareholder protection

Filippo Belloc.

in Cambridge Journal of Economics

July 2013; p ublished online January 2013 .

Journal Article. Subjects: Technological Change; Research and Development; Law and Economics; Production and Organizations; Capitalist Systems. 12516 words.

Proponents of minority shareholder protection state that national legal institutions protecting small investors boost stock markets and, in turn, the long-term performance of countries. In...

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THE MEANING OF FRAND, PART II: INJUNCTIONS

J. Gregory Sidak.

in Journal of Competition Law & Economics

March 2015; p ublished online February 2015 .

Journal Article. Subjects: Market Structure, Firm Strategy, and Market Performance; Technological Change; Research and Development; Antitrust Issues and Policies; Manufacturing; Law and Economics; Contract Law. 33063 words.

Under what conditions may the holder of standard-essential patents (SEPs) seek to enjoin an infringing implementer without breaching the SEP holder's contract with the standard-setting...

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The myth of the early aviation patent hold-up—how a US government monopsony commandeered pioneer airplane patents

Ron D. Katznelson and John Howells.

in Industrial and Corporate Change

February 2015; p ublished online March 2014 .

Journal Article. Subjects: Property Law; Technological Change; Research and Development; Antitrust Issues and Policies; Economic History; Manufacturing; Law and Economics; History of Manufacturing and Construction. 27018 words.

The prevailing historical accounts of the formation of the US aircraft “patent pool” in 1917 assume the US government necessarily intervened to alleviate a patent hold-up among private...

NET NEUTRALITY AND CONSUMER WELFARE

Gary S. Becker, Dennis W. Carlton and Hal S. Sider.

in Journal of Competition Law & Economics

September 2010; p ublished online September 2010 .

Journal Article. Subjects: Technological Change; Research and Development; Energy and Utilities; Antitrust Issues and Policies; Law and Economics; Industry Studies; Regulation and Industrial Policy. 9346 words.

The Federal Communications Commission's proposed net neutrality rules would, among other things, prohibit broadband access providers from prioritizing traffic, charging differential prices...

PATENT HOLDUP AND OLIGOPSONISTIC COLLUSION IN STANDARD-SETTING ORGANIZATIONS

J. Gregory Sidak.

in Journal of Competition Law & Economics

March 2009; p ublished online March 2009 .

Journal Article. Subjects: Market Structure, Firm Strategy, and Market Performance; Technological Change; Research and Development; Antitrust Issues and Policies; Firm Objectives, Organization, and Behaviour; Market Structure and Pricing; Law and Economics. 31440 words.

Current controversies over patent policy place standard-setting organizations (SSOs) on a collision course with antitrust law. Recent theoretical research conjectures that, in an SSO,...

PROPERTY AS PLATFORM: COORDINATING STANDARDS FOR TECHNOLOGICAL INNOVATION

Henry E. Smith.

in Journal of Competition Law & Economics

December 2013; p ublished online November 2013 .

Journal Article. Subjects: Technological Change; Research and Development; Property Law; Law and Economics; Production and Organizations. 16300 words.

This article examines the coordination of inputs to the development and use of technology as a problem in the theory of property. Recent misunderstanding of property, in terms of both the...

Revisiting Antitrust Limits to Probabilistic Patent Disputes: Strategic Entry and Asymmetric Information

Jing-Yuan Chiou and Richard Schmidtke.

in American Law and Economics Review

December 2012; p ublished online October 2012 .

Journal Article. Subjects: Technological Change; Research and Development; Antitrust Issues and Policies; Law and Economics; Market Structure, Firm Strategy, and Market Performance. 10092 words.

We consider separately strategic entry and asymmetric information in the design of the settlement policy governing patent disputes, with a focus on Shapiro's (2003) consumer protection...

THE TROUBLED PATH OF THE LOCK-IN MOVEMENT

Stan J. Liebowitz and Stephen E. Margolis.

in Journal of Competition Law & Economics

March 2013; p ublished online December 2012 .

Journal Article. Subjects: Regulation and Industrial Policy; Antitrust Issues and Policies; Law and Economics; Technological Change; Research and Development. 12669 words.

Paul David (in his article “Clio and the Economics of QWERTY”), Brian Arthur (in his article “Competing Technologies, Increasing Returns, and Lock-In by Historical Events”), and others...