Innovation and Competition Policy, Chapter 8 (2d ed): Innovation, IP Rights, and Anticompetitive Exclusion
Herbert J. Hovenkamp
University of Iowa - College of Law
October 21, 2013
U Iowa Legal Studies Research Paper
This book of CASES AND MATERIALS ON INNOVATION AND COMPETITION POLICY is intended for educational use. The book is free for all to use subject to an open source license agreement. It considers numerous sources of competition policy in addition to antitrust, including those that emanate from the intellectual property laws themselves, and also related issues such as the relationship between market structure and innovation, the competitive consequences of regulatory rules governing technology competition such as net neutrality and interconnection, misuse, the first sale doctrine, and the Digital Millennium Copyright Act (DMCA). Chapters will be updated frequently. The author uses this casebook for a three-unit class in Innovation and Competition Policy taught at the University of Iowa College of Law and available to first year law students as an elective. This document is Chapter 8, revised second edition on exclusionary practices, including refusal to license, exclusionary pricing, anticompetitive design, and technological tying. It also includes coverage of expanded sharing duties under the 1996 Telecommunications Act, as well as "net neutrality" and related regulations promulgated by the Federal Communications Commission.
Number of Pages in PDF File: 101
Keywords: intellectual property, patents, copyright, antitrust, abuse of dominant position, refusal to license, predation
Date posted: October 19, 2011 ; Last revised: October 22, 2013
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