简介
Americans are confronted with a paradox: the United Stateshas become increasingly long on competition and short on competitiveness. The growing debate on the competitivenessof the United States has been spurred by a less than salutary economic growth. Even with recent profound changes in United States antitrust laws, such as progress towards taking into account global competition, little scholarship has been compiled on the connection of antitrust laws to trade or technology policy. Antitrust, Innovation, and Competitiveness explores how the U.S. antitrust laws, especially the Sherman Antitrust Act, haveaffected the ways in which U.S. corporations can compete in world markets. The editors begin with the considerationthat current antitrust laws unwisely restrain innovation and competitiveness by inhibiting desirable pro-competitive communication, cooperation, and alliances among firms. This results in an impediment to the performance of U.S. firms competing in industries experiencing rapid technological change. Not all of the contributors agreed with the editors about the degree to which the antitrust laws do indeed inhibit innovation or U.S. industrial performance. Thus, the book represents a variety of views on a topic of increasing importance. Contributors include Professors Phillip Areeda, William J.Baumol, Ann I. Jones, Robert P. Merges, Richard R. Nelson,Janusz A. Ordover, Thomas M. Jorde, Richard Schmalensee, Lawrence A. Sullivan, David J. Teece, Oliver E. Williamson,and Judge Frank H. Easterbrook.
目录
Preface p. vii
Notes p. viii
Contributors p. xi
Introduction p. 3
Notes p. 25
References p. 27
Antitrust Law as Industrial Policy: Should Judges and Juries Make It? p. 29
Notes p. 45
Innovation, Cooperation, and Antitrust p. 47
Notes p. 63
References p. 68
Appendix: National Cooperative Research and Commercialization Act (ncrca) p. 71
Antitrust: Source of Dynamic and Static Inefficiencies? p. 82
Notes p. 95
References p. 96
Agreements Between Competitors p. 98
Notes p. 114
Ignorance and Antithrust p. 119
Notes p. 132
Antitrust Lenses and the Uses of Transaction Cost Economics Reasoning p. 137
Notes p. 158
References p. 161
Monopoly Conduct, Especially Leveraging Power from One Product or Market to Another p. 165
Market Structure and Technical Advance: The Role of Patent Scope Decisions p. 185
Notes p. 219
Conclusion p. 233
Index p. 235
Notes p. viii
Contributors p. xi
Introduction p. 3
Notes p. 25
References p. 27
Antitrust Law as Industrial Policy: Should Judges and Juries Make It? p. 29
Notes p. 45
Innovation, Cooperation, and Antitrust p. 47
Notes p. 63
References p. 68
Appendix: National Cooperative Research and Commercialization Act (ncrca) p. 71
Antitrust: Source of Dynamic and Static Inefficiencies? p. 82
Notes p. 95
References p. 96
Agreements Between Competitors p. 98
Notes p. 114
Ignorance and Antithrust p. 119
Notes p. 132
Antitrust Lenses and the Uses of Transaction Cost Economics Reasoning p. 137
Notes p. 158
References p. 161
Monopoly Conduct, Especially Leveraging Power from One Product or Market to Another p. 165
Market Structure and Technical Advance: The Role of Patent Scope Decisions p. 185
Notes p. 219
Conclusion p. 233
Index p. 235
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