Fixed-Fee Licensing of Innovations and Collusion
发现固定费用许可协议可能通过增强被许可方惩罚许可方偏离合谋结果的能力来促进合谋,并讨论了反垄断含义及检测合谋动机许可的方法。
Unlike other types of licensing agreements such as those with output restrictions market division clauses, or output royalties, licensing contracts with only a fixed-fee have been perceived as having no anticompetitive consequences. This paper illustrates that fixed-fee licensing may facilitate collusion by enhancing the lecensee's ability to credibly punish deviations from the collusive outcome on the part of the licenser. Antitrust implications of the result and potential ways of detecting collusion-motivated licenses are discussed.