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The Importance of Harm

Christina Bohannan and Herbert Hovenkamp

in Creation without Restraint: Promoting Liberty and Rivalry in Innovation

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199738830
eISBN:
9780199932702
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199738830.003.0004
Subject:
Law, Competition Law, Intellectual Property, IT, and Media Law

This chapter analyzes the unjustified differences between proof of harm in competition and innovation policy. In antitrust law, harm is never presumed and must be proven without undue speculation, ... More


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