You are looking at 1 - 9 of 9 items

  • Author or Editor: Wolfgang Kerber x
Clear All Modify Search
You do not have access to this content

Wolfgang Kerber

You do not have access to this content

Wolfgang Kerber

You do not have access to this content

Wolfgang Kerber

You do not have access to this content

Wolfgang Kerber

You do not have access to this content

Wolfgang Kerber and Roger Zach

You do not have access to this content

Jonas Severin Frank and Wolfgang Kerber

Patent settlements between originator and generic firms in the pharmaceutical industry have been challenged by antitrust and competition authorities in the US and the EU. In particular, settlements with large ‘reverse payments’ to generic firms raise the concern of collusive behaviour for protecting weak patents and delaying price competition through generic entry and therefore harming consumers. However, it is still heavily disputed under what conditions such patent settlements are anticompetitive and violate antitrust rules. This chapter scrutinizes what economic analysis has so far contributed to our knowledge about the effects of these patent settlements and the possible rules for their antitrust treatment. An important claim of the chapter is that the problem of patent settlements can only be understood if analyzed from a narrow antitrust perspective and taking into account its deep interrelationship with the problems (and the economics) of the patent system. Therefore three different channels of effects are identified, through which patent settlements can influence consumer welfare: (1) price effects, (2) innovation incentive effects, and (3) effects via the incentives to challenge weak patents. The chapter critically analyzes the existing economic studies and identifies a number of research gaps, especially in regard to trade offs between different effects. It suggests that policy solutions for these patent settlements should also be sought in combination with patent law solutions.

You do not have access to this content

Competition Policy and the Economic Approach

Foundations and Limitations

Edited by Josef Drexl, Wolfgang Kerber and Rupprecht Podszun

This outstanding collection of original essays brings together some of the leading experts in competition economics, policy and law. They examine what lies at the core of the ‘economic approach to competition law’ and deal with its normative and institutional limitations. In recent years the ‘more economic approach’ has led to a modernisation of competition law throughout the world. This book comprehensively examines for the first time, the foundations and limitations of the approach and will be of great interest to scholars of competition policy no matter what discipline.