Papers by Richard Gilbert
Review of industrial organization, Jun 25, 2024
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Brookings papers on economic activity, 1997
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SSRN Electronic Journal
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Law and Economics Workshop, Aug 1, 2010
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The Cambridge Handbook of Technical Standardization Law
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Hastings Law Journal, 2001
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Studies in Industrial Organization, 1993
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IO: Regulation, 2015
The treatment of innovation within the merger context by U.S. Antitrust Agencies continues to evo... more The treatment of innovation within the merger context by U.S. Antitrust Agencies continues to evolve, with regard to both general statements of enforcement policy and specific enforcement decisions. The respective merger guidelines issued by the Department of Justice and the Federal Trade Commission did not consider potential impacts on innovation or research and development until 1982, and then only in passing. By contrast, their joint 2010 Horizontal Merger Guidelines devote an entire section to innovation issues. This Essay examines both the frequency and manner with which the Antitrust Agencies invoke innovation-based concerns within their respective merger challenges from 2004-2014. It finds that both the DOJ and FTC allege adverse innovation effects in a very large fraction of their respective merger challenges in high-R&D-intensity industries. After exploring possible explanations, the Essay recommends that the Agencies describe their innovation concerns with greater specific...
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The Energy Journal, 1986
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Review of Industrial Organization, 2019
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Proceedings of the National Academy of Sciences, 1996
The intellectual property laws in the United States provide the owners of intellectual property w... more The intellectual property laws in the United States provide the owners of intellectual property with discretion to license the right to use that property or to make or sell products that embody the intellectual property. However, the antitrust laws constrain the use of property, including intellectual property, by a firm with market power and may place limitations on the licensing of intellectual property. This paper focuses on one aspect of antitrust law, the so-called “essential facilities doctrine,” which may impose a duty upon firms controlling an “essential facility” to make that facility available to their rivals. In the intellectual property context, an obligation to make property available is equivalent to a requirement for compulsory licensing. Compulsory licensing may embrace the requirement that the owner of software permit access to the underlying code so that others can develop compatible application programs. Compulsory licensing may undermine incentives for research a...
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Journal of Economics & Management Strategy, 2013
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SSRN Electronic Journal, 2015
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SSRN Electronic Journal, 2014
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Very large awards and settlements for patent infringement have increased dramatically since the 1... more Very large awards and settlements for patent infringement have increased dramatically since the 1980s. A large fraction of these awards have occurred in the computer hardware and software industries. Complex technologies such as computer hardware and software require rights to a very large number of patents. One explanation for the large awards for patent infringement is the bargaining power of a patentee that has a credible injunction threat for a product that requires rights to multiple patents. This can lead to infringement damage awards and settlements that overestimate the patent’s contribution to product value.
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Journal of Economic Literature, 2011
In their recent book, Against Intellectual Monopoly, Michele Boldrin and David Levine conclude th... more In their recent book, Against Intellectual Monopoly, Michele Boldrin and David Levine conclude that patents and copyrights are not necessary to provide protection for either innovation or creative expression and should be eliminated. The authors note the many flaws of the U.S. system of intellectual property protection and argue that other means are available to appropriate the benefits of invention and creative expression. While the authors overlook important functions of intellectual property, they provide support for further reforms of intellectual property law. (JEL K11, O31, O34)
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Papers by Richard Gilbert