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Antitrust And Intellectual Property: A Brief Introduction, Keith N. Hylton
Antitrust And Intellectual Property: A Brief Introduction, Keith N. Hylton
Faculty Scholarship
Intellectual property law and antitrust have been described as conflicting bodies of law, and the reason is easy to see. Antitrust law aims to protect consumers from the consequences of monopolization. Intellectual property law seeks to enhance incentives to innovate by granting monopolies in ideas or expressions of ideas. The purpose of this chapter is to explore the purported conflict between antitrust and intellectual property. The chapter is largely descriptive, and focuses on current or developing litigation rather than historical controversies. Many of the modern examples of conflict can be attributed to problems of classification.
Markovits On Defining Monopolization: A Comment, Keith N. Hylton
Markovits On Defining Monopolization: A Comment, Keith N. Hylton
Faculty Scholarship
In this comment I focus on Richard Markovits’s definition of monopolization in his new book, Economics and the Interpretation and Application of U.S. and E.U. Antitrust Law (Springer 2014), and also his assertion that monopolization is distributively unjust. I agree wholeheartedly with his approach to defining monopolization, though I might alter a few details. However, I think the distributive justice effects of monopolization are ambiguous.
Roger Blair And Intellectual Property, Keith N. Hylton
Roger Blair And Intellectual Property, Keith N. Hylton
Faculty Scholarship
Although intellectual property is just a sidelight of Roger Blair's work, he has published at least seven articles and coauthored a book on this subject. Blair's work sets out robust economic models that address nearly all of the significant economic issues in intellectual property. Moreover, by using the property rules framework, he has offered a useful counterweight to the reward-to-loss theory that dominates the literature.