Document Type

Article

Publication Date

2012

Abstract

Now is a particularly important time to consider the relationship between antitrust and innovation. Within the last two years, both the Justice Department and Federal Trade Commission have accumulated an entire docket of antitrust investigations related to the Internet and other high-tech industries. The list of publicly disclosed investigations is lengthy, and includes major players like Google, Apple, Facebook, and Twitter.' The nation's antitrust enforcement authorities are taking a look at the state of competition on the Internet, an inquiry that puts into clear focus the need for antitrust to take seriously its relationship with innovation policy.

That is the occasion for the question at the center of this essay. The question is: How would the enforcement of antitrust look if the promotion of innovation were its paramount concern? (This is, I hasten to point out, a slightly distinct question from how the law of antitrust would look). In this essay, following a discussion of the relevant writings, I discuss three large areas where the enforcement of the law would be distinctly different.

Disciplines

Antitrust and Trade Regulation | Law

Comments

©2012. Published in Antitrust Law Journal, Vol. 78, No. 2, 2012, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

Share

COinS