A PYMNTS Company

Refusal to Deal, Intellectual Property Rights, and Antitrust

By  |  July 16, 2013

Posted by D. Daniel Sokol

    Get the Full Story

    Complete the form to unlock this article and enjoy unlimited free access to all PYMNTS content — no additional logins required.

    Subscribe to our daily newsletter, PYMNTS Today.

    By completing this form, you agree to receive marketing communications from PYMNTS and to the sharing of your information with our sponsor, if applicable, in accordance with our Privacy Policy and Terms and Conditions.

    Yongmin Chen, University of Colorado has a paper on Refusal to Deal, Intellectual Property Rights, and Antitrust

    ABSTRACT: A vertically integrated firm, having acquired the intellectual property (IP) through innovation to become an input monopolist, can extract surplus by supplying efficient downstream competitors. That the monopolist would refuse to do so is puzzling and has led to numerous debates in antitrust. In this article, I clarify the economic logic of refusal to deal and identify conditions under which prohibiting such conduct would raise or lower consumer and social welfare. I further show how IP protection (as determined by IP laws) and restrictions on IP holders’ conduct (as determined by antitrust laws) may interact to affect innovation incentive and post-innovation market performance.