Some reflections on the antitrust treatment of intellectual property

Article Abstract:

Antitrust enforcers evaluating whether reacquisition or modification of licensing rights previously granted by the licenser violate antitrust laws should consider whether the provisions in question would have been acceptable in the original agreement. Because intellectual property is a public good and is of uncertain value, it cannot be treated the same as other property. The additional contractual protections that licensing agreements provide are necessary, and licensing the idea may improve efficiency. Allowing later modification of reacquisition helps solve information and uncertainty problems.

Intellectual property, Licensing agreements

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Information problems in merger decision making and their impact on development of an efficiencies defense

Article Abstract:

Problems of business information should be considered for antitrust policy and efficiencies defenses for mergers under antitrust analysis using Section Seven of the Clayton Act. Information problems are due to either insufficient or asymmetrical information. Problems for efficiencies defenses can occur with standards for clear and convincing evidence, efficiencies specific to mergers and efficiencies being passed on to consumers. If these problems are solved, an efficiencies defense should be allowed for mergers.

Analysis, Acquisitions and mergers, Economics, Information theory, Information theory in economics

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Innovation issues under the 1992 merger guidelines

Article Abstract:

The 1992 Horizontal Merger Guidelines provide an incomplete framework for analysis of competition due to innovation. Areas which should be analyzed include product market definition, competitive effects, coordinated interaction, unilateral effects, efficiency and market entry. Adding economic principles of innovation competition to merger analysis will supplement the guidelines.

Horizontal integration

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