Monopolies, Innovation, and Predatory Pricing: Observations on Some Hard Questions in the Section 2 Context

Posted by D. Daniel Sokol

Tom Rosch (FTC) has some interesting thoughts on Monopolies, Innovation, and Predatory Pricing: Observations on Some Hard Questions in the Section 2 Context.

ABSTRACT: My remarks will proceed in three parts. First, I’ll discuss the deference that we, as public enforcers of the antitrust laws, should pay to the patent laws in the Section 2 context. Second, I’ll discuss what degree of deference the existence of a patent should get in the context of our Section 2 enforcement. Third, I’ll discuss the application of the antitrust laws, and specifically Section 2, to firms that make huge upfront investments in developing or exploiting their intellectual property.