Author ORCID Identifier

Matthew Sag 0000-0003-2381-1028

Document Type

Article

Publication Date

2015

Keywords

Schumpeter, Creative Destruction, Competition law and policy, Sherman Act, Anticompetitive conduct, Antitrust, Intellectual Property

Abstract

This Essay proceeds as follows. We briefly introduce the concept of creative destruction and its place in Schumpeter’s work in Part II. In Part III we explain why a truly Schumpeterian competition policy demands more than a laissez faire approach. We explain why the law must preserve opportunities and incentives for creative destruction at all stages of innovation and we review four key policy areas of antitrust law from this innovation-focused perspective: unilateral conduct cases (Part III.A), cases at the intersection of IP and antitrust (Part III.B), Sherman Act section 1 cases (Part III.C), and merger policy (Part III.D). In Part IV we turn our attention to how the federal antitrust agencies can prioritize innovation through case selection and competition advocacy.

First Page

2223

Publication Title

Iowa Law Review

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