Antitrust Limits on Patent Settlements: A New Approach

A-Tier
Journal: Journal of Industrial Economics
Year: 2022
Volume: 70
Issue: 2
Pages: 257-293

Authors (2)

Score contribution per author:

2.011 = (α=2.01 / 2 authors) × 2.0x A-tier

α: calibrated so average coauthorship-adjusted count equals average raw count

Abstract

Patent settlements between rivals restrain competition in many different ways. Antitrust requires that their anticompetitive effects are reasonably commensurate with the firms' expectations about (counterfactual) patent litigation. Because these expectations are private and non‐verifiable, this standard is hard to administer; to date, it has been successfully applied only within a very narrow class of agreements. We show that it can be applied universally by policing the economic structure of the firms' contract. This approach determines whether settlement outcomes will be antitrust‐compliant for any private beliefs the firms might have, thus avoiding the need to speculate about such beliefs.

Technical Details

RePEc Handle
repec:bla:jindec:v:70:y:2022:i:2:p:257-293
Journal Field
Industrial Organization
Author Count
2
Added to Database
2026-01-25