Antitrust Analysis Involving Intellectual Property and Standards: Implications from Economics

摘要

As agencies around the world continue to search for the best antitrust approaches to matters involving IPRs, we submit that a careful study of the significant IO economics literature on innovation and IP protection and vertical restraints provides a roadmap worth following. Adherence to economic principles - and in particular application of an effects-based approach to determine whether specific conduct results in net harm to the competitive process and consumer welfare -tethers antitrust analysis to the methodological rigors of economics in terms of theories that can be tested and rejected. Such an approach not only serves to protect innovation and consumers, but also lends credibility to decisions of courts and competition agencies around the world, and protects against any accusations of discriminatory or otherwise improper use of competition laws to further industrial policy goals.