Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Friday, February 20, 2009

Antitrust Regulation Of Innovation Markets

Posted by D. Daniel Sokol

The remarks of FTC Commissioner Tom Rosch on Antitrust Regulation Of Innovation Markets that Rosch presented at the ABA Antitrust-IP conference at Berkeley are now available.  Some highlights include:

I would like to discuss the practical issues that underlie any attempt to regulate innovation markets. I have identified at least three such considerations. First, the most fundamental practical consideration is whether, from a policy standpoint, the application of antitrust laws to innovation markets provides consumers with better products or products that are developed more quickly... A second practical consideration was raised by Chairman Muris in the Genzyme- Novazyme merger—namely, whether it is even possible to accurately measure market shares in innovation markets, particularly when the agency’s theory of the case is that a merger will threaten potential competition in an as-yet undefined market...A third practical consideration is whether, notwithstanding the Intellectual Property Guidelines, it is accurate to consider all intellectual property (i.e. patents, trade secrets, know-how, trademarks, etc.) as akin to other species of property.

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