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Academic Articles Awards > Intellectual Property

Product Hopping and the Limits of Antitrust: The Danger of Micromanaging Innovation

Douglas H. Ginsburg, Koren W. Wong-Ervin, & Joshua D. Wright, CPI Antitrust Chronicle (1), December 2015

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In this article on product hopping, we explain that, considering the potential for significant consumer benefits from even small changes in product design, coupled with antitrust agencies and courts being ill-equipped to displace the judgments of consumers (and, with regard to drugs, their doctors) about the value of a new product design, product hopping should be per se lawful absent objective evidence that Product B is a sham innovation with zero or negative consumer welfare effects.

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