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The Law and Economics of Antitrust and Intellectual Property

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The Law and Economics of Antitrust and Intellectual Property

An Austrian Approach

9781843766216 Edward Elgar Publishing
Dina Kallay, Counsel for Antitrust/Intellectual Property, Federal Trade Commission, Office of International Affairs, US
Publication Date: 2004 ISBN: 978 1 84376 621 6 Extent: 256 pp
This book examines some of the intriguing notions of the complex antitrust-intellectual property interface, focusing primarily on property and dynamic economic doctrines. The extensive discussion addresses antitrust patterns of unilateral behaviour and the intellectual property (IP) institutions of patents and copyright.

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This book examines some of the intriguing notions of the complex antitrust-intellectual property interface, focusing primarily on property and dynamic economic doctrines. The extensive discussion addresses antitrust patterns of unilateral behaviour and the intellectual property (IP) institutions of patents and copyright.

The author provides a comprehensive evaluation of the intricacies of antitrust and IP from a broad legal, philosophical and economic perspective. In the economic context she considers the Chicago and Austrian schools of market theory, whilst on the legal and philosophical level she explores antitrust and IP doctrines through the lenses of property, philosophy of rights and history. In this way the reader gains a deeper understanding of the antitrust and IP crossroads, an area that is growing in importance as information plays an ever-increasing role in today’s markets.

This book provides an original theoretical appraisal of the complex issues that arise when antitrust and IP considerations seem to be at odds with one another. It offers an interesting and viable alternative to the Chicago school of antitrust, and makes a significant practical contribution to the Austrian school of economics. Lawyers, industrial economists and academics working on IP, antitrust and competition will all find this to be an informative and highly rewarding volume. It will also be a good source of reference for anyone interested in the philosophy of property rights.
Critical Acclaim
‘This work provides a fresh and significant examination of the antitrust/intellectual property interface.’
– Thomas E. Kauper, University of Michigan, US

‘Dina Kallay’s work is a pathbreaking application of Austrian economics to one of the most important regulatory issues facing globalizing economies – a refreshingly novel perspective on the intersection between intellectual property and antitrust law.’
– Ronald J. Mann, University of Texas School of Law, US

‘Dina Kallay develops an interesting interpretation of Austrian economics as applied to intellectual property and antitrust issues, and uses her framework creatively to examine specific cases. Those interested in the application of market-oriented ideas to these issues will find this book to be stimulating and thought-provoking’.
– Randall G. Holcombe, Florida State University, US
Contents
Contents: 1. A Framework for Analysis of the Antitrust–Intellectual Property Intersection 2. The Austrian Economics Solution and the Property Narrative 3. The Dynamic Antitrust Analysis Model 4. Application of the Dynamic Model on Refusal to License Intellectual Property (Magill) 5. Application of the Dynamic Model in Network Industries (The Dell Case) Postscript Bibliography Index
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