Economic analysis rarely appears on the judicial horizon in intellectual property litigation. In competition cases, by contrast, economists are familiar figures in the courtroom and the language of economics is scattered throughout the judgments of even the highest courts. One might expect, therefore, that refusals to license intellectual property would generate the same fruitful symbiosis between law and economics when those refusals surface in competition proceedings. This, however, has not been how the law on this subject has developed in most jurisdictions. Courts and enforcement agencies...
Economic analysis rarely appears on the judicial horizon in intellectual property litigation. In competition cases, by contrast, economists are famili...