Schumpeterian Competition and Antitrust

12 Pages Posted: 15 Oct 2008

See all articles by Herbert Hovenkamp

Herbert Hovenkamp

University of Pennsylvania Carey Law School; University of Pennsylvania - The Wharton School; University College London

Date Written: October 1, 2008


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 that they are any better at fostering innovation than antitrust is. Second, for many antitrust practices positive innovation effects are difficult to foresee even on Schumpeter's own expansive and nonmathematical terms. Third, many antitrust violations serve to restrain rather than promote innovation.

Keywords: Antitrust, Monopoly, Innovation, Schumpeter, Patents

JEL Classification: K00, K2, K21, L40, L41, O31

Suggested Citation

Hovenkamp, Herbert, Schumpeterian Competition and Antitrust (October 1, 2008). U Iowa Legal Studies Research Paper No. 08-43, Available at SSRN: or

Herbert Hovenkamp (Contact Author)

University of Pennsylvania Carey Law School ( email )

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319-512-9579 (Phone)

University of Pennsylvania - The Wharton School ( email )

3641 Locust Walk
Philadelphia, PA 19104-6365
United States

University College London ( email )

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London, WC1E 6BT
United Kingdom

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