Intellectual Property and Antitrust

Research on intellectual property and antitrust issues within the Information Technology and Telecommunication sectors. Highlights include articles written by Dr. Joshua Wright, a current FTC commissioner and IEP senior fellow.

Research Articles

FTC's Joshua Wright Lectures at Clemson on April 2 -- Video archive available

FTC's Joshua Wright Lectures at Clemson on April 2 -- Video archive available

Federal Trade Commissioner Joshua D. Wright presented a Big Ideas About Information lecture on April 2, 2015 at Clemson University.   Sponsored by the Information Economy Project and the John E. Walker Department of Economics, Commissioner Wright spoke on Regulation in High-Tech Markets: Public Choice, Regulatory Capture, and the FTC.   A proli[...]
Thierer and Skorup on Tim Wu's Separations Principle

Thierer and Skorup on Tim Wu's Separations Principle

IEP's Brent Skorup and Adam Thierer, senior research fellow at the Mercatus Center, have published a law review article on vertical integration in the information economy in the Federal Communications Law Journal. From the abstract: Are information sectors sufficiently different from other sectors of the economy such that more stringent anti[...]
Policy-Induced Competition: The Case of Cable TV Set-Top Boxes

Policy-Induced Competition: The Case of Cable TV Set-Top Boxes

12 Minn. J.L. Sci. & Tech. 279 (2011).  Ralitza A. Grigorova-Minchev, Vice President, Arlington Economics, Thomas W. Hazlett, Professor of Law & Economics, George Mason University School of Law. "...This failure is, in less glossy reports, the assessment of the FCC itself. In the Commission’s words, the CableCARD technology developed to fa[...]
Does Antitrust Enforcement in High Tech Markets Benefit Consumers? Stock Price Evidence from FTC v. Intel

Does Antitrust Enforcement in High Tech Markets Benefit Consumers? Stock Price Evidence from FTC v. Intel

38 Review of Industrial Organization 387-404 (2011).  Joshua D. Wright, Professor of Law, George Mason University School of Law. Antitrust enforcement efforts in the United States and abroad have been ramped up in high-tech industries, rekindling stale and largely unresolved debates concerning the appropriate role of antitrust enforcement in high-[...]
Epstein: Why There is Too Little, Not Too Much, Private Property

Epstein: Why There is Too Little, Not Too Much, Private Property

53 Ariz. L. Rev. 51 (2011). Richard A. Epstein, James Parker Hall Distinguished Service Professor of Law at the University of Chicago. The topic of this conference is Michael Heller's provocative new book on The Gridlock Economy.1 The central thesis of the book is that one critical obstacle to overall social advancement is the frag[...]
Patent Holdup, Antitrust and Innovation: Harness or Noose?

Patent Holdup, Antitrust and Innovation: Harness or Noose?

61 Alabama L. Rev. 559-70 (2010).  Review Issue of INNOVATION FOR THE 21ST CENTURY: HARNESSING THE POWER OF INTELLECTUAL PROPERTY AND ANTITRUST LAW.  Joshua D. Wright, Professor of Law, George Mason University School of Law, Aubrey N. Stuempfle, George Mason University School of Law, J.D. This essay reviews Michael Carrier’s analysis of antitrust [...]
Federalism, Substantive Preemption, and Limits on Antitrust: An Application to Patent Holdup

Federalism, Substantive Preemption, and Limits on Antitrust: An Application to Patent Holdup

5 Journal of Competition Law and Economics 469-516 (2009).  Bruce H. Kobayashi, Professor of Law, George Mason University School of Law, Joshua D. Wright, Professor of Law, George Mason University School of Law. In Credit Suisse v. Billing, the Court held that the securities law implicitly precludes the application of the antitrust laws to the con[...]
Why the Supreme Court was Correct to Deny Certiorari in FTC v. Rambus

Why the Supreme Court was Correct to Deny Certiorari in FTC v. Rambus

Global Competition Policy (March 2009).  Joshua D. Wright, Professor of Law, George Mason University School of Law. In November 2008, the Federal Trade Commission petitioned the Supreme Court to review the D.C. Circuit's decision in FTC v. Rambus. That decision reversed the Commission's finding that Rambus knowingly failed to disclose a patent t[...]
Horizontal Mergers Among IP Licensors and IP Licensees

Horizontal Mergers Among IP Licensors and IP Licensees

Luncheon Keynote Presentation to the Merger Analysis in High-Tech Markets Conference, 2008.  Luke M. Froeb, William Oehmig Associate Professor of Management, Owen Graduate School of Management, Vanderbilt University. Joint Work: Mike Shor, Steven Tschantz. Disclaimer: Exploratory Analysis. Outline: Motivation: merger analysis. Question 1: Are hori[...]
Antitrust in Orbit: Some Dynamics of Horizontal Merger Analysis in General and with Respect to XM-Sirius

Antitrust in Orbit: Some Dynamics of Horizontal Merger Analysis in General and with Respect to XM-Sirius

Journal of Competition Law & Economics, 4(3), 753–773 (Sept. 2008). Thomas W. Hazlett, Director, Information Economy Project and Professor of Law & Economics, George Mason University School of Law. "Horizontal merger evaluation is heavily reliant on market definition. An SSNIP framework formats the analysis, and demand elasticity evidence [...]
Evaluating Market Power with Two-Sided Demand and Preemptive Offers to Dissipate Monopoly Rent: Lessons for High-Technology Industries from the Antitrust Division's Approval of the XM-Sirius Satellite Radio Merger

Evaluating Market Power with Two-Sided Demand and Preemptive Offers to Dissipate Monopoly Rent: Lessons for High-Technology Industries from the Antitrust Division's Approval of the XM-Sirius Satellite Radio Merger

Journal of Competition Law & Economics, 4(3), 697–751(Sept. 2008).  J. Greg Sidak, Chairman, Criterion Economics, Hal J. Singer, Criterion Economics (currently President, Empiris, LLC). Can the standard merger analysis of the Department of Justice’s and Federal Trade Commission’s Horizontal Merger Guidelines accommodate mergers in high-techn[...]
Technological Change and Merger Policy's Third Era

Technological Change and Merger Policy's Third Era

Presentation to Merger Analysis in High Technology Markets Conference 2008. Howard Shelanski, Professor of Law, Georgetown University Law Center. Changes in Merger Policy Over the Last Century. Evolutionary Changes: Antimonopoly Era (1904-1973), Consumer Welfare Era (1973-2004), Dynamic Efficiency Era (2004-). Cyclical Changes: Merger review has[...]
Market Definition in Online Markets

Market Definition in Online Markets

Journal of Competition Law & Economics, 4(3), 639–653 (Sept. 2008).  Michael R. Baye, Bert Elwert Professor of Business Economics, Kelley School of Business, Indiana University. Although the basic principles used to define a relevant market or to analyze unilateral competitive effects in traditional retail settings also apply in online retail [...]
Sky Wars: The Attempted Merger of Dish/DirecTV

Sky Wars: The Attempted Merger of Dish/DirecTV

Presentation to the Merger Analysis in High-Tech Markets Conference, 2008.  Richard J. Gilbert, Professor of Economics, UC Berkeley. A High Tech Merger? Relatively new product: High Power Direct Broadcast Satellite TV. DirecTV launched 1994. EchoStar/Dish launched 1996. Large claimed efficiencies. Platform issues. Incompatible encryption formats. [...]
Defining the Relevant Product Market for the Google-DoubleClick Merger

Defining the Relevant Product Market for the Google-DoubleClick Merger

Presentation to the Merger Analysis in High-Tech Markets Conference, 2008.  Robert W. Hahn, Senior Visiting Fellow, Smith School, Oxford, Hal J. Singer, Criterion Economics (currently President, Empiris, LLC). In 2007, U.S. advertisers were expected for the first time to spend more on online advertising than on radio advertising. Source: eMark[...]
Nice Theory But Where's The Evidence: The Use of Economic Evidence to Evaluate Vertical and Conglomerate Mergers in the US and EU

Nice Theory But Where's The Evidence: The Use of Economic Evidence to Evaluate Vertical and Conglomerate Mergers in the US and EU

Presentation to Merger Analysis in High Technology Markets Conference 2008.  Mary T. Coleman, Managing Director, LECG (currently SVP Compass Lexecon). Brief description of primary vertical theories of potential competitive concern from a merger. Input foreclosure. Customer foreclosure. Elements for a vertical theory to be plausible. Ability to for[...]
Property Rights and Wireless License Values

Property Rights and Wireless License Values

51 Journal of Law & Economics 563-98 (August 2008).  Thomas W. Hazlett, Professor of Law & Economics, George Mason University School of Law. While extending the scope of spectrum property rights promotes efficiency, such reforms are often deterred by equity concerns. Theoretically, however, the windfalls may be negative. Relaxing license r[...]
Shedding Tiers for a la Carte? An Economic Analysis of Cable TV Pricing

Shedding Tiers for a la Carte? An Economic Analysis of Cable TV Pricing

5 Journal of Telecommunications and High Technology Law 253-303 (2006).  Thomas W. Hazlett, Professor of Law & Economics, George Mason University School of Law. A new regulatory debate has sprung up around the pricing of TV networks on cable and satellite systems. Many argue that bundling networks on tiers, rather than selling channels individ[...]