Rescuing Antitrust’s Role in Patent Holdup

Rescuing Antitrust’s Role in Patent Holdup

Journal article

12 pages

This Essay does four things. First, it explains why the Shapiro/Lemley article is important, particularly to situate today’s patent holdup debates in the larger context of transaction cost economics. Second, it raises questions related to standards organizations’ rules and antitrust law that the authors could more fully consider. Third, it offers additional support showing the radical nature of Delrahim’s position. And fourth, it opines on the nature of academic debate and its effect on antitrust enforcement.

Published in : University of Pennsylvania Law Review

[Philadelphia, Pennsylvania] : University of Pennsylvania law review, 2020.

eng