Intellectual Property as Price Discrimination: Implications for Contract
Chicago-Kent Law Review, Vol. 73, P. 1367, 1998
24 Pages Posted: 15 Oct 1999 Last revised: 12 Oct 2015
As people become enamored with the possible benefits of allowing price discrimination in contracts for intellectual goods, they should realize that traditional intellectual property law works by fostering price discrimination among customers. This simple fact has implications for federal pre-emption, and is a reminder of the complexity of the economic issues involved. Increasing a seller's ability to price discriminate will often involve increasing his monopoly power, with dubious welfare effects.
Keywords: intellectual property
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