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

Wendy J. Gordon

Boston University School of Law

Abstract

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

Suggested Citation

Gordon, Wendy J., Intellectual Property as Price Discrimination: Implications for Contract. Chicago-Kent Law Review, Vol. 73, P. 1367, 1998. Available at SSRN: https://ssrn.com/abstract=183468

Wendy J. Gordon (Contact Author)

Boston University School of Law ( email )

765 Commonwealth Avenue
Boston, MA 02215
United States
617-353-4420 (Phone)
617-353-3077 (Fax)

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