Cross-Licensing and Competition

We study bilateral cross-licensing agreements among N(> 2) firms that engage in competition after the licensing phase. It is shown that the most collusive cross- licensing royalty, i.e. the one that allows the industry to achieve the monopoly pro.t, is sustainable as the outcome of bilaterally efficient agreements. When the terms of cross-licensing agreements are not observable to third parties, the monopoly royalty is the unique symmetric bilaterally efficient royalty. However, when the terms of the agreements are public, the most competitive royalty (i.e. zero) can also be bilaterally efficient. Policy implications regarding the antitrust treatment of cross-licensing agreements are derived from these results.

Keywords: Cross-Licensing, Collusion, Antitrust and Intellectual Property

JEL Classification: L44, O33, O34

Suggested Citation: Suggested Citation

Jeon, Doh-Shin and Lefouili, Yassine, Cross-Licensing and Competition (September 30, 2013). NET Institute Working Paper No. 13-11, Available at SSRN: https://ssrn.com/abstract=2335724 or http://dx.doi.org/10.2139/ssrn.2335724