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Academic Articles Awards > Intellectual Property

Taming the Trolls: Why Antitrust Is not a Viable Solution for Stopping Patent Assertion Entities

John Jurata and Amisha Patel, George Mason Law Review, 2014

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Certain operating companies, including Google Inc., as well as consumer protection advocates, trade organizations, academics, and antitrust enforcement agencies, have suggested that antitrust law may offer a solution to concerns over PAE behavior. These arguments, taken together with the FTC’s continued interest in the effects of PAE assertion activity, beg the question: is antitrust enforcement a viable solution for patent assertion entities? Some have suggested yes. Proponents of antitrust enforcement solutions argue that PAE behavior raises antitrust policy concerns because it results in patent holdup, raised rivals’ costs, exclusion of companies from markets, and/or harms to innovation. But few specifics have been offered to back up these various theories. This Article seeks to apply a disciplined antitrust analysis to these theories.

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