Innovation and Competition Policy, Chapter 8 (2d ed): Innovation, IP Rights, and Anticompetitive Exclusion

101 Pages Posted: 19 Oct 2011 Last revised: 22 Oct 2013

See all articles by Herbert Hovenkamp

Herbert Hovenkamp

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

Date Written: October 21, 2013


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.

Keywords: intellectual property, patents, copyright, antitrust, abuse of dominant position, refusal to license, predation

Suggested Citation

Hovenkamp, Herbert, 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: or

Herbert Hovenkamp (Contact Author)

University of Pennsylvania Law School ( email )

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University of Pennsylvania - The Wharton School ( email )

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University College London ( email )

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