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Full-Text Articles in Law
'Dynamic Competition' Does Not Excuse Monopolization, Jonathan Baker
'Dynamic Competition' Does Not Excuse Monopolization, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
This comment on a forthcoming article by Keith Hylton and David Evans explains why considerations of "dynamic competition" do not argue against antitrust enforcement. While the prospect of achieving monopoly may foster innovation, that observation misleads as to appropriate antitrust policy unless qualified by the observation that the push of competition generally spurs innovation more than the pull of monopoly. Moreover, the longstanding doctrinal rule that mere monopoly pricing is not illegal should not be read as demonstrating that antitrust law values monopolies for their role in promoting innovation.
Schumpeterian Competition And Antitrust, Herbert J. Hovenkamp
Schumpeterian Competition And Antitrust, Herbert J. Hovenkamp
All Faculty Scholarship
Joseph Schumpeter's vision of competition saw it as a destructive process in which effort, assets and fortunes were continuously destroyed by innovation. One possible implication is that antitrust's attention on short-run price and output issues is myopic: what seems at first glance to be a monopolistic exclusionary practice might really be an innovative enterprise with enormous payoffs in the long run. While this may be the case, three qualifications are critical. First, one must not confuse the prospect of innovation with the scope of the intellectual property laws; their excesses and special interest capture cast serious doubt on the proposition …
Innovation And Corporate Governance: The Impact Of Sarbanes-Oxley, Houman B. Shadab
Innovation And Corporate Governance: The Impact Of Sarbanes-Oxley, Houman B. Shadab
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