Economic and Social Justice Perspectives
Edited by Anne Flanagan and Maria Lillà Montagnani
Chapter 8: Social Justice, Innovation and Antitrust Law
Mariateresa Maggiolino THE ROLE THAT THE SOCIAL JUSTICE PERSPECTIVE COULD HAVE PLAYED IN SHAPING THE RELATIONSHIP BETWEEN DOMINANT FIRMS’ PROPRIETARY INNOVATIONS AND ANTITRUST LAW 1. Pursuing ‘social justice’ may mean supporting a non-discriminatory distribution of resources and opportunities among people to give them fair treatment, a just share of collective wealth, and the right to affect social and economic developments. Thus, endorsing a social justice approach towards proprietary innovations, such as patented inventions and copyrighted creations, may mean – as the previous chapters have shown – discussing whether the existing IPRs allow, on the one hand, inventors and authors to receive a fair and just consideration for their efforts;1 and, on the other hand, the whole society to benefit from the innovation, as such, and from the spread of knowledge that each innovation entails and triggers.2 Yet, how can a social justice perspective have relevance to antitrust rules regarding dominant firms’ conduct and, in particular, dominant firms’ conduct involving proprietary innovations? Though promulgated in different years,3 in the United States and in the European Union, section 2 of the Sherman Act and Article 102 of the 1 See Federico Morando, Copyright default rule: reconciling efficiency and fairness, Chapter 2 in this book. 2 See Jerzy Koopman, Chapter 4 in this book. 3 In the United States such a ‘social justice’ approach to antitrust law took place in the years before the advent of the Chicago School, leading up to the 1970s. Instead, in the European Community the same approach has...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.