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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

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Date posted: October 19, 2011 ; Last revised: October 22, 2013

Suggested Citation

Hovenkamp, Herbert J., Innovation and Competition Policy, Chapter 8 (2d ed): Innovation, IP Rights, and Anticompetitive Exclusion (October 21, 2013). U Iowa Legal Studies Research Paper. Available at SSRN: http://ssrn.com/abstract=1946379 or http://dx.doi.org/10.2139/ssrn.1946379

Contact Information

Herbert J. Hovenkamp (Contact Author)
University of Iowa - College of Law ( email )
407 Boyd Law Building
Iowa City, IA 52242
United States
319-335-9079 (Phone)
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