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Creation without RestraintPromoting Liberty and Rivalry in Innovation$
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Christina Bohannan and Herbert Hovenkamp

Print publication date: 2012

Print ISBN-13: 9780199738830

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780199738830.001.0001

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Restraints on Innovation

Restraints on Innovation

Chapter:
(p.238) 9 Restraints on Innovation
Source:
Creation without Restraint
Author(s):

Christina Bohannan

Herbert Hovenkamp

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199738830.003.0010

This chapter turns to one place where antitrust policy and IP policy should be aligned—namely, where a practice serves to restrain rather than promote innovation. Unfortunately antitrust's strict proof requirements for harm and effects on price competition often stand in the way of making antitrust a useful device for challenging restraints on innovation, particularly in private lawsuits.

Keywords:   antitrust policy, intellectual property law, innovation, price competition

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