Previous business/academic article Next business/academic article
Academic Articles Awards > Unilateral Conduct

Evaluating Appropriability Defenses for the Exclusionary Conduct of Dominant Firms in Innovative Industries

Jonathan B. Baker, Antitrust Law Journal (No.3), 2016

See Jonathan Baker's resume

Click here to read the full article online

In the 2004 Trinko decision, the Supreme Court observed that “[t]he opportunity to charge monopoly prices—at least for a short period—is what attracts ‘business acumen’ in the first place; it induces risk taking that produces innovation and economic growth.”The Court offered this remark to explain why anticompetitive conduct is included as an element of the monopolization offense and to provide a basis for questioning whether a unilateral refusal to deal would satisfy that element.

Download our brochure