Technology and Innovation Commons^™

Is The Digital Economy Too Concentrated?, Jonathan Klick

All Faculty Scholarship

Concentration in the digital economy in the United States has sparked loud criticism and spurred calls for wide-ranging reforms. These reforms include everything from increased enforcement of existing antitrust laws, such as challenging more mergers and breaking up firms, to an abandonment of the consumer welfare standard. Critics cite corruption and more systemic public choice problems, while others invoke the populist origins of antitrust to slay the digital Goliaths. On the other side, there is skepticism regarding these arguments. This chapter continues much of that skepticism.

Antitrust And The Design Of Production, Herbert J. Hovenkamp

All Faculty Scholarship

Both economics and antitrust policy have traditionally distinguished “production” from “distribution.” The former is concerned with how products are designed and built, the latter with how they are placed into the hands of consumers. Nothing in the language of the antitrust laws suggests much concern with production as such. Although courts do not view it that way, even per se unlawful naked price fixing among rivals is a restraint on distribution rather than production. Naked price fixing assumes a product that has already been designed and built, and the important cartel decision is what should be each firm’s output, or …

Optimizing Government For An Optimizing Economy, Cary Coglianese

All Faculty Scholarship

Much entrepreneurial growth in the United States today emanates from technological advances that optimize through contextualization. Innovations as varied as Airbnb and Uber, fintech firms and precision medicine, are transforming major sectors in the economy by customizing goods and services as well as refining matches between available resources and interested buyers. The technological advances that make up the optimizing economy create new challenges for government oversight of the economy. Traditionally, government has overseen economic activity through general regulations that aim to treat all individuals equally; however, in the optimizing economy, business is moving in the direction of greater individualization, not …

Responses To Change In The Global Political Economy Of Innovation – The Role Of Sub-National States In Industrial Transition, Dan Herman

Theses and Dissertations (Comprehensive)

This dissertation seeks to explore how sub-national levels of the state promote the development of new industrial sectors. To do so this dissertation builds on a series of theoretical perspectives on the role of the state in the economy and develops a unique view of how sub-national states coalesce and contrast within these perspectives. It does so through a series of empirical case studies focused on sub-national jurisdictions in North America that highlight diverse varieties of state actions that contribute, if not lead, industrial transitions and the development of new innovation-oriented industrial sectors. In so doing, the dissertation presents a …

U.S. Vs. European Broadband Deployment: What Do The Data Say?, Christopher S. Yoo

All Faculty Scholarship

As the Internet becomes more important to the everyday lives of people around the world, commentators have tried to identify the best policies increasing the deployment and adoption of high-speed broadband technologies. Some claim that the European model of service-based competition, induced by telephone-style regulation, has outperformed the facilities-based competition underlying the US approach to promoting broadband deployment. The mapping studies conducted by the US and the EU for 2011 and 2012 reveal that the US led the EU in many broadband metrics.

• High-Speed Access: A far greater percentage of US households had access to Next Generation Access (NGA) …

Competition For Innovation, Herbert J. Hovenkamp

All Faculty Scholarship

Both antitrust and IP law are limited and imperfect instruments for regulating innovation. The problems include high information costs and lack of sufficient knowledge, special interest capture, and the jury trial system, to name a few. More fundamentally, antitrust law and intellectual property law have looked at markets in very different ways. Further, over the last three decades antitrust law has undergone a reformation process that has made it extremely self conscious about its goals. While the need for such reform is at least as apparent in patent and copyright law, very little true reform has actually occurred.

Antitrust has …

Industrial And Innovation Policies In The European Union, Matteo Lucchese, Mario Pianta

Mario Pianta

Markets In Ip And Antitrust, Herbert J. Hovenkamp

All Faculty Scholarship

The purpose of market definition in antitrust law is to identify a grouping of sales such that a single firm who controlled them could maintain prices for a significant time at above the competitive level. The conceptions and procedures that go into “market definition” in antitrust can be quite different from those that go into market definition in IP law. When the issue of market definition appears in IP cases, it is mainly as a query about the range over which rivalry occurs. This rivalry may or may not have much to do with a firm’s ability to charge a …

Antitrust And Innovation: Where We Are And Where We Should Be Going, Herbert J. Hovenkamp

All Faculty Scholarship

For large parts of their history intellectual property law and antitrust law have worked so as to undermine innovation competition by protecting too much. Antitrust policy often reflected exaggerated fears of competitive harm, and responded by developing overly protective rules that shielded inefficient businesses from competition at the expense of consumers. By the same token, the IP laws have often undermined rather than promoted innovation by granting IP holders rights far beyond what is necessary to create appropriate incentives to innovate.

Perhaps the biggest intellectual change in recent decades is that we have come to see patents less as a …

Introduction To Creation Without Restraint: Promoting Liberty And Rivalry In Innovation, Christina Bohannan, Herbert J. Hovenkamp

All Faculty Scholarship

This document contains the table of contents, introduction, and a brief description of Christina Bohannan & Herbert Hovenkamp, Creation without Restraint: Promoting Liberty and Rivalry in Innovation (Oxford 2011).

Promoting rivalry in innovation requires a fusion of legal policies drawn from patent, copyright, and antitrust law, as well as economics and other disciplines. Creation Without Restraint looks first at the relationship between markets and innovation, noting that innovation occurs most in moderately competitive markets and that small actors are more likely to be truly creative innovators. Then we examine the problem of connected and complementary relationships, a dominant feature of …

Firm Size And Innovation In European Manufacturing, Mario Pianta, Andrea Vaona

Mario Pianta

The paper investigates the differences between small, medium-sized and large firms regarding their performance in the introduction of new products and processes. After a review of the relevant literature, two models are proposed and tested in search for different business strategies and innovation inputs connected to product and process innovations. The empirical analysis uses innovation survey (CIS 2) data at the industry level for 22 manufacturing sectors, broken down in three firm size classes, for eight European countries. Special attention is devoted to tackling the issues of possible endogeneity of the regressors and of unobserved sectoral heterogeneity. The results – …

New Process And New Products In Europe And Italy, Mario Pianta, Francesco Crespi

Mario Pianta

Restraints On Innovation, Herbert J. Hovenkamp

All Faculty Scholarship

Beginning with the work of Joseph Schumpeter in the 1940s and later elaborated by Robert W. Solow's work on the neoclassical growth model, economics has produced a strong consensus that the economic gains from innovation dwarf those to be had from capital accumulation and increased price competition. An important but sometimes overlooked corollary is that restraints on innovation can do far more harm to the economy than restraints on traditional output or pricing. Many practices that violate the antitrust laws are best understood as restraints on innovation rather than restraints on pricing.

While antitrust models for assessing losses that result …

Innovazione E Occupazione, Mario Pianta

Mario Pianta

No abstract provided.

Demand And Innovation In European Industries, Mario Pianta, Francesco Crespi

Mario Pianta

After the decade-old debate between demand-pull and technology-push perspectives, demand seems to have fallen out of fashion. In this paper two models are proposed on the determinants of general innovative activities and on the market impact of product innovations. The models combine the supply and demand engines of innovation, and qualify the type of innovative efforts, distinguishing between those oriented towards cost reductions or towards technological competitiveness. The models are tested at the industry level for 22 manufacturing sectors and 17 services sectors in six European countries. The results show that efforts at technological competitiveness, product oriented strategies and the …

Innovation And Employment, Mario Pianta

Mario Pianta

The relationship between innovation and employment is a complex one and has long been a topical issue in economic theory. Moving from the classical question ‘‘does technology create or destroy jobs?’’ recent research has investigated the impact of different types of innovation and the structural and institutional factors affecting the quantity of employment change. Quality aspects have received increasing attention, with questions of ‘‘what type of jobs are created or destroyed by innovation?’’ This line of research has asked, ‘‘how does the composition of skills change’’ and ‘‘how does the wage structure change,’’ leading to a large literature on skill …

Innovation And The Economy, Mario Pianta, J. Michie, C. Oughton

Mario Pianta

Unemployment has remained at relatively high levels across most European countries for a generation now. There have been a number of suggested explanations for this, with correspondingly different policy implications. Two of the major hypotheses relate, first, to the impact on the European economies from increased international competition, and `globalisation’ more generally, and, secondly, to the effects of new technology and innovation. The effects of both globalisation and technology on growth and employment in Europe have been researched over the past two years through an EU-funded project, the results of which, relating in particular to innovation, are reported in this …

Measuring Technological Change Through Patents And Innovation Surveys, Mario Pianta, Daniele Archibugi

Mario Pianta

This article provides an overview of recent research using innovation surveys and patent data as indicators of technological activity. The conceptual and methodological problems of 'measuring' technology are discussed, with a classification of the types of information which can be drawn from patent databases and from surveys of both innovations and the innovative efforts of firms. The findings and the methodological strengths and weaknesses of such studies are reviewed, considering first the evidence at the firm level, second the analysis of the industrial structure and finally the evidence at the country level and the process of globalization. The overview shows …

Aggregate Convergence And Sectoral Specialization In Innovation, Mario Pianta, Daniele Archibugi

Mario Pianta

Over the last 20 years OECD countries have converged in terms of their innovation, in parallel to the process of economic convergence and catching-up in technology. However, this has not led to a similarity in the sectoral strenghts of the majority of countries. Applying a measure of "technological distance" between pairs of countries based on patents, it is shown that nations have increased their technological specialization (i.e their sectoral differences) over the 1980s. An apparent paradox is pointed out, as countries converge by becoming more different and grow by becoming more specialized.

Specialization And Size Of Technological Activities In Industrial Countries: The Analysis Of Patent Data, Mario Pianta, Daniele Archibugi

Mario Pianta

The determinants and directton of the technological specialization of advanced countries are investtgated in thus paper using patent counts and citations as technology indicators.