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Patent Hold-Up and Antitrust: How A Well-Intentioned Rule Could Retard Innovation

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  • Bernhard Ganglmair
  • Luke M. Froeb
  • Gregory J. Werden

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  • Bernhard Ganglmair & Luke M. Froeb & Gregory J. Werden, 2012. "Patent Hold-Up and Antitrust: How A Well-Intentioned Rule Could Retard Innovation," Journal of Industrial Economics, Wiley Blackwell, vol. 60(2), pages 249-273, June.
  • Handle: RePEc:bla:jindec:v:60:y:2012:i:2:p:249-273
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    References listed on IDEAS

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    1. Patrick Bolton & Mathias Dewatripont, 2005. "Contract Theory," MIT Press Books, The MIT Press, edition 1, volume 1, number 0262025760, April.
    2. G. M.P. Swann, 2009. "The Economics of Innovation," Books, Edward Elgar Publishing, number 13211.
    3. Aghion, Philippe & Dewatripont, Mathias & Rey, Patrick, 1994. "Renegotiation Design with Unverifiable Information," Econometrica, Econometric Society, vol. 62(2), pages 257-282, March.
    4. David Martimort & Jean‐Christophe Poudou & Wilfried Sand‐Zantman, 2010. "Contracting For An Innovation Under Bilateral Asymmetric Information," Journal of Industrial Economics, Wiley Blackwell, vol. 58(2), pages 324-348, June.
    5. Nöldeke, Georg & Schmidt, Klaus M., 1995. "Option contracts and renegotiation," Munich Reprints in Economics 19329, University of Munich, Department of Economics.
    6. Benjamin Chiao & Josh Lerner & Jean Tirole, 2007. "The rules of standard-setting organizations: an empirical analysis," RAND Journal of Economics, RAND Corporation, vol. 38(4), pages 905-930, December.
    7. Grossman, Sanford J & Hart, Oliver D, 1986. "The Costs and Benefits of Ownership: A Theory of Vertical and Lateral Integration," Journal of Political Economy, University of Chicago Press, vol. 94(4), pages 691-719, August.
    8. Hoppe, Eva I. & Schmitz, Patrick W., 2011. "Can contracts solve the hold-up problem? Experimental evidence," Games and Economic Behavior, Elsevier, vol. 73(1), pages 186-199, September.
    9. Matthew D. Henry & John L. Turner, 2010. "Patent Damages And Spatial Competition," Journal of Industrial Economics, Wiley Blackwell, vol. 58(2), pages 279-305, June.
    10. Patrick W. Schmitz, 2006. "Information Gathering, Transaction Costs, and the Property Rights Approach," American Economic Review, American Economic Association, vol. 96(1), pages 422-434, March.
    11. Anne Layne-Farrar & A. Jorge Padilla & Richard Schmalensee, 2007. "Pricing Patents for Licensing in Standard Setting Organizations: Making Sense of FRAND Commitments," Working Papers wp2007_0702, CEMFI.
    12. Thomas P. Lyon, 2004. "Buyer-Option Contracts Restored: Renegotiation, Inefficient Threats, and the Hold-Up Problem," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 20(1), pages 148-169, April.
    13. Einer Elhauge, 2008. "Do Patent Holdup And Royalty Stacking Lead To Systematically Excessive Royalties?," Journal of Competition Law and Economics, Oxford University Press, vol. 4(3), pages 535-570.
    14. Joseph Farrell & Carl Shapiro, 2008. "How Strong Are Weak Patents?," American Economic Review, American Economic Association, vol. 98(4), pages 1347-1369, September.
    15. Georg Noldeke & Klaus M. Schmidt, 1995. "Option Contracts and Renegotiation: A Solution to the Hold-Up Problem," RAND Journal of Economics, The RAND Corporation, vol. 26(2), pages 163-179, Summer.
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