Antitrust Chronicle^® – LeadershIP

Dear Readers,

This Chronicle addresses the issues raised during the 2022 edition of the annual LeadershIP conference, held this April in Washington, D.C. As ever, LeadershIP invites scholars, policymakers, industry experts and other key stakeholders to discuss cutting-edge policy issues at the intersection of innovation, intellectual property, and competition. 

The selection of articles in this Chronicle addresses these issues, drawing on the authors’ unique expertise and insights.

Jonathan M. Barnett opens by providing a unique insight that runs counter to traditional assumptions as regards the relationship between patents and antitrust law. The standard assumption, is that incumbents generally favor patents and, in particular, policy actions that strengthen and extend patent protection. As the author discusses, in the real world, markets often fail to conform to this expectation. Historical and contemporary evidence shows that larger firms in a variety of industries tend to favor policy positions that seek to weaken patents or, in some cases, reject them entirely.  

Erik Hovenkamp turns to the hot topic of antitrust reform in so-called “big tech” markets. Recent calls for reform are fueled mainly by concerns surrounding  major “platforms” like Google, Facebook, and Amazon. Critics believe, in short, that these platforms have become too large and powerful. In the U.S., some of the most aggressive proposed reforms have recently been codif