Abstract
This paper explains that when there is great uncertainty about which elements of knowledge must be combined to make an invention, the likelihood of invention increases markedly—by many orders of magnitude—when there are numerous diverse research organizations, rather than just a few. The paper examines the possibility that competition (antitrust) policy toward mergers would be improved if enforcement efforts placed more emphasis on protecting the diversity that is provided by numerous research rivals in a market.
Keywords: Antitrust, Competition policy, Diversity, Innovation policy, Invention
Introduction
This paper explains why having numerous diverse research organizations greatly increases the likelihood of invention. An open question is discussed: Does the invention-increasing effect of research diversity justify adjusting competition (antitrust) merger policy by encouraging greater stringency in merger approvals so as to protect the diversity that numerous research rivals in a market would provide?
The importance of diversity for successful research is a theme that is found in the literature about invention and innovation. That literature defines an invention as a new combination of essential elements of knowledge—envisaged together in their working configuration for a new product or service—and defines an innovation as the commercialization of an invention.
The key reason for the beneficial effects of diversity on invention is that an invention combines existing ideas in new ways, and the ideas that are combined in a successful invention are often diverse, coming from very different sources of knowledge and experience. Because diversity within an organization expands the set of ideas that the organization has available for invention, diversity fosters the inventions that become innovations.1 This paper adds an explanation for why a diverse collection of research organizations further stimulates invention.
In terms of the set of knowledge elements from which elements combined in an invention are chosen, Sect. 2 defines uncertainty for an invention and establishes that, given such uncertainty, numerous diverse research organizations make invention more likely.2 Section 3 discusses the possibility that the pace of invention could be increased if competition (antitrust) merger policy placed more emphasis on preserving numerous diverse research organizations.
Section 4 concludes by emphasizing that the proposed change in merger policy is efficiency-based and is important because of its potential for increasing the pace of discovery of new ideas and increasing socially beneficial economic growth.
Uncertainty and Invention with Diverse Research Organizations
Inventions combine existing elements of knowledge in new ways, and the process of discovering an invention is uncertain because of the large number of different elements of knowledge in the set from which must be chosen those that are needed for the right combination of elements for the invention.3 A research organization—wherever situated in the range from large to as small as an individual researcher—confronts the uncertainty of finding the requisite combination of elements from the set of knowledge elements.
A research organization as a practical matter can work with just a subset of the complete set of knowledge elements.4 Successful invention requires that the diversity of ideas in a research organization’s knowledge set must be limited in practice so that the organization can be effectively managed.5 Consequently, there is the possibility that the subset with which it works will not include one or more of the knowledge elements that are needed for the invention.
The type of uncertainty that is the focus of this paper implies that the organization does not know whether the knowledge set with which it works lacks the needed elements. As will be detailed subsequently, the organization can add knowledge elements—for example, additional knowledge elements could be acquired in the market—but although with the larger collection of knowledge elements there is an increased chance that the requisite knowledge elements for the invention are included, whether they are included is unknown.
The uncertainty in the process of invention—the possibility that a research organization is working with a set of knowledge elements that does not include the full set of requisite elements for the invention that is sought—implies that when the uncertainty is great, numerous diverse research organizations will increase the likelihood that some of them will be working with a set of knowledge elements from which the right combination for the invention could be found. To develop that point, we formulate the uncertainty about whether a research organization is working with a set of knowledge elements containing the requisite ones.
An invention combines t elements of knowledge from among the s knowledge elements that a research team has acquired with study and experience from the universe of n knowledge elements. The number n is much larger than s, which in turn is much larger than t.6
Let denote the proportion of all possible combinations of s elements chosen from the universe of elements that is taken by cases for which f of the s elements that are available to the research team coincide with f elements in the set of t elements that together define the invention.7 For a research team to be able to discover the essential combination of knowledge elements necessary for an invention, the t essential elements for the invention must be among the s elements that are available to the research team. In that case, ; and as was shown in Scott (2016, p. 420):
| 1 |
If we think of a research organization abstractly as the set of s knowledge elements with which it works, successful invention requires that the organization has the requisite t elements of knowledge among the s elements; yet the ways that the organization could have the essential t elements among its set of s constitute a minuscule proportion of the potential knowledge sets of s elements with which the research organization could have chosen to work.8
For an example, suppose that there is a universe of a million knowledge elements (n = 1,000,000), an invention that combines three elements (t = 3), and a research organization’s knowledge set with a thousand elements (s = 1,000): Then the proportion of all possible combinations of knowledge elements that include the cases where the organization’s set of knowledge elements include the necessary t elements for the invention is 0.9970 × 10− 9 or about one billionth.
Since a research organization is restricted in the size of the knowledge set that can be managed effectively within an organization, in practice the number of knowledge elements with which its researchers work (s elements for the organization) will be far less than the number of elements n in the universe of knowledge elements. The implication is that a given organization may not have within its knowledge set the requisite t elements for an invention. Pt is extraordinarily small—close to zero—in the case of great uncertainty, defined as the case when n is much larger than s.
For a given research organization, we expect Pt to be small because adding to an organization’s knowledge set is costly, whether for the reasons in the management literature that focus on the difficulty of managing a large number of diverse points of view, or whether because of the direct costs of the knowledge acquisition itself. The knowledge set would not be expected to be increased beyond the point where the marginal benefits equal the marginal costs: where the value of increasing Pt has fallen to the additional cost for the increase in Pt.
The increasing costs that are faced by the research organization as it adds new elements of knowledge to the knowledge set with which it works are necessary for understanding the practical limitation on an organization’s knowledge set because as a research organization expands the number of elements of knowledge in its knowledge set, Pt increases at an increasing rate, as will be shown in the following paragraphs. Each knowledge element that is added to the set essentially doubles the number of possible combinations that could be considered and evaluated.9
If a research organization expands its knowledge set—the organization increases the number of knowledge elements in the organization’s set by v elements, so as to have s + v elements—then the proportion of the sample space for which the research organization’s now expanded set of knowledge elements will overlap completely with the t elements of the essential idea is:
| 2 |
Thus, the change in the proportion for each unit increase in the number of elements in the research organization’s knowledge set is:
| 3 |
Equation (3) shows that the proportion—of all possible combinations of knowledge elements that are taken by the cases where the organization’s set of knowledge elements include the necessary t elements for the invention—is increasing as the number of elements in the organization’s knowledge set increases.
For successive unit increases in the number of elements that are in the organization’s knowledge set, the Appendix derives Eq. (4), which shows that the successive changes in the proportion are increasing:10
| 4 |
Because the expansion of a research organization’s knowledge set increases Pt at an increasing rate, increasing cost with knowledge acquisition (as was discussed in note 5) is key to understanding why we expect Pt to be a very small proportion for a research organization.
Many diverse research organizations—with their diversity defined by the differences in their knowledge sets—will make it more likely that there will be research organizations with knowledge sets that include the requisite knowledge elements. If there were z independent research organizations and for each organization α was the probability of not having the requisite t elements within its knowledge set of s elements, the probability that at least one organization has the requisite t elements is , which approaches 1.0 as z becomes larger.11
Observe that great uncertainty—n is much larger than s—is necessary for the efficacy of numerous diverse research organizations. Suppose that the set of knowledge elements from which the research organization selects s elements to study (in the hope that within those s elements the requisite t elements can be found) has been successfully reduced. And suppose the reduction is sufficiently great, from n to a number , so that s, although less than is large relative to . In that case, having numerous diverse research organizations is of little value and can even reduce (as will be argued below) the chance that organizations are working with knowledge sets with the requisite elements for the invention sought:
Define the proportion as in Eq. (1) but with n replaced with , and assuming the set of knowledge elements (from which the research organization selects s with which to work) is successfully reduced to (i.e., the essential t elements of knowledge are among the elements). is the proportion—of the potential knowledge sets of s elements chosen from among the and with which the research organization could have chosen to work—that include all t essential elements. With s close to , has become close to 1 for an individual research organization, and the gain from having multiple research organizations is small at best.
Consider the extreme case where n has been successfully reduced to and a research organization can study those elements: s = . = 1, and for this special case there is no uncertainty of the type that was addressed with numerous diverse organizations in the foregoing discussion—although having intra-organizational diversity for the organization pursuing the ideas can be the essence of considering all those ideas.
However, if there were any significant uncertainty as to whether an organization would recognize among the elements the right combination of t elements for the invention, numerous organizations could serve usefully (if the cost for additional search were outweighed by the expected gain) for a parallel path strategy to increase the probability of invention. But these would not be diverse organizations but would be identical in the sense that for each its s set would coincide with .
In that foregoing extreme case, if one insisted that all organizations be diverse, then for all but at most one organization, the s set would not exactly overlap with , and so the diversity across organizations could reduce the likelihood that organizations were working with knowledge sets within which the requisite elements to be combined in the invention could be found. In the extreme case, introducing diversity across the organizations in the s elements can reduce the chance that the t elements are included in an organization’s s set, especially so if s is small. Such extreme cases are not the cases of great uncertainty of interest here.
In sum, the case of interest to us is t < < s << n, and Pt is vanishingly small, many orders of magnitude removed from the Pt = 1 case—nine orders of magnitude in our 1 in a billion example. Numerous diverse firms are helpful for the case of interest.12
What kind of inventions would be examples of the case of interest? Those that come readily to mind are the more dramatic inventions. A recent example is the massive effort by many diverse organizations to develop a vaccine to mitigate the Covid-19 pandemic (Mullard, 2020). Archetypal examples of inventions that each played out over many decades of research by numerous diverse research organizations, including individual researchers, are the invention of the electric lightbulb (Johnson, 2014, pp. 205–215) and the invention of the airplane (Meyer, 2015).13
Less dramatic and prominent inventions may not entail the case of great uncertainty for which numerous diverse research organizations make the invention more likely. Yet because we are often first cognizant of inventions during the later stages of their discovery, the number of knowledge elements from which research organizations choose s for study may well have been considerably reduced (from n to ) by the time that the discovery process is observed. If so, we might not realize that initially the problem of finding the invention was uncertain in our sense that Pt was vanishingly small and having numerous diverse research organizations would have been helpful.14
Implication for Competition Policy Toward Mergers
Greater Diversity Coincides with a Larger Number of Research Organizations
As discussed in Sect. 3.2 below, competition policy toward mergers has not placed an emphasis on maintaining numerous research organizations in markets. Yet if merger policy did serve to maintain numerous research organizations in markets, the industrial organization literature suggests that the policy would also serve to maintain numerous diverse organizations. The papers typically discuss a combination of invention and innovation activities—industrial R&D expenditures cover a range of activities from research for invention to the development of inventions in pursuit of innovations—and support the view that having more organizations increases the diversity of their research.
Scherer (1970, p. 357) emphasizes the diversity across firms of different sizes, with smaller firms disproportionately active in invention—which is consistent with Sect. 2’s description of increasing costs for the expansion of a research organization’s knowledge set—and then with larger firms’ playing important roles in innovation. Cohen and Klepper (1991) emphasize the many possible different productive approaches to innovation that can result from having a larger number of firms in an industry.
Scott (1991, pp. 136–139) emphasizes that each firm among a rivalrous group may have an incentive to bring different knowledge to its research to find a unique invention that when developed will dominate post-innovation competition among competing substitute innovations. The rivals strive to be different.
Describing the contrasting situation in which rivals do not strive to be different, Nelson (1981, p. 107) discusses “a syndrome regarding R&D allocation similar to that described by Hotelling in the case of location decisions” and observes that competitive R&D rivals will not necessarily pursue different opportunities. The rivals strive to take different approaches in Scott (1991) because the dominant version of the innovation is unknown in advance of development and commercialization of the underlying invention, and so the conditions that would cause R&D rivals to cluster their efforts around similar development efforts and a similar version of the innovation are not present.15
Thus, given uncertainty, we expect that independent research entities provide unique perspectives. The evidence that firms in the same industry pursue different R&D strategies is strong. Regarding company-specific research policies, interpreting the results in Scott (1984), Griliches (1984, p. 7) observed, “… there appear to be significant differences in company R&D policy above and beyond what would have been predicted just from their differential location within the industrial spectrum.”
There is also evidence (Scott, 1991, pp. 139–145) that research rivalry and the diversity of the rivals are synonymous. Given the competitors in an area of research, distinct R&D strategies are observed for firms in the systems orientation of their portfolios of patents, in the purposive diversification of their R&D across industries, and in the intensity of their R&D. Moreover, the firm effects in R&D intensity are more significant in markets with more competitive structure—which is consistent with the hypothesis that with more firms competing, firms have more incentive to strive for a distinct innovation so as to avoid the erosion of rents in the post-innovation market.
Taken together, the several types of evidence that different firms in the same industries pursue different research strategies support the inferences that firms’ capabilities differ fundamentally and that firms would choose different strategies even if their capabilities were the same.16
The Need for New Competition (Antitrust) Policy Regarding Diversity
Has competition policy been adequate to protect the desirable diversity that numerous research organizations provide to the process of invention in an area of research? The discussion to follow focuses on the antitrust law of the United States; but although the institutional details differ, the essential problem discussed is present in competition policy throughout the world, and it results from the nexus of statute law, enforcement, and interpretation.17
The statute law that protects competition uses language that is broad enough to protect the desirable diversity that is provided by large numbers of firms competing in a given market; and any inadequacy would result because of the historical evolution of enforcement and interpretation of the statutes.18 When considering mergers, coordinated behavior among firms, or dominant firm behavior that would lessen the number of independent research entities in an area of research, both dynamic efficiency—which relates to new products and processes from innovation—and static allocative efficiency—which is a nexus of price, cost, and output given existing products and processes—are considered desirable attributes of performance.
In an insightful analysis based on well-informed understanding of both the law and the economics, Baker (2007) addresses the question of whether competition policy can be used successfully to promote innovation. His analysis develops and supports well the view that “[o]n the whole, … antitrust rules and enforcement today are appropriately focused to promote innovation” (Baker, 2007, p. 576).
Baker’s view is supported with his careful review of the law and the economics to show that “… the modern economic learning about the connection between competition and innovation helps clarify the types of firm conduct and industry settings where antitrust interventions are most likely to foster innovation. Measured against this standard, contemporary competition policy holds up well” (Baker, 2007, p. 576).19
Baker’s reasoning and his conclusion are compelling. Just one amendment is suggested here because of the importance of diversity for invention: Competition policy toward mergers could potentially be improved by addressing the need for large numbers of diverse research organizations in an area of research to increase the probability that research organizations will have the requisite elements of knowledge for a sought-after invention.20
Baker (2007, p. 592) observes “. . antitrust promotes innovation by challenging horizontal mergers that reduce the number of likely innovators when there are few, absent countervailing innovation efficiencies.” Thus, the enforcement agencies’ challenges to horizontal mergers occur when the relevant markets have only a few likely innovators. Consolidation of likely innovators prior to leaving only a few occurs without a challenge from competition policy. The industrial R&D of the firms that are consolidated to leave a few likely innovators entails a mixture of research and invention and development and innovation; the benefit of numerous firms investing in R&D can be lost.
There are arguably two reasons why competition policy toward mergers does not protect the diversity that would be provided by numerous innovative competitors in a market: One is the consensus view that for good innovation performance a moderate amount of seller concentration is ideal—not so much structural competition that investment in research is discouraged because firms expect insufficient returns in post-innovation markets, and not so much concentration that the profitable firms that are shielded from preemption by innovative rivals lack the incentive to invest in research.21
A second reason is that at least a moderate amount of seller concentration may be needed to achieve scale economies that promote efficiency and may do so to a sufficient extent that the efficiency gains increase total economic surplus by more than what is lost by any increase in market power.22
Thus, performance gains from economies of scale in markets with fewer sellers or from economies of scope across the markets of diversified and vertically integrated firms are recognized, while harm to innovative performance from a loss of independent research units is not anticipated given the consensus that a moderate amount of competition—equivalent in practice to a moderate amount of concentration of resources among sellers—is ideal for innovation.23
The consensus about innovation performance’s being best in moderately concentrated markets is strong, yet it is open to question even without the importance of diversity in research efforts.
In the consensus view, the problem with too much competition is that investors might expect too little return from research given the probability that competitors would market competing substitute innovations—perhaps imitations that use the results of the investments of others, or that a competitor would have a dominant innovation. Yet government subsidies can make research investments profitable even in highly competitive markets (Link and Scott, 2001).
The consensus-view problem with too little competition is that there will be insufficient incentive for research investment by firms that are not anticipating preemption by the innovations of rivals. Yet, theory (Scott and Scott, 2014, Appendix Remark 3 and Remark 4, pp. 52–53) predicts and evidence (Scott and Scott, 2014) finds higher R&D investments in more highly concentrated markets when the research expenditures of the oligopolists are sufficiently strong strategic substitutes.
If an increased number of research organizations is associated with an increased diversity of knowledge sets, and consequently it is more likely that there will be research organizations with the requisite knowledge elements for a sought-after invention and that the invention will be found, then at least one aspect of innovation performance—invention—would not be subject to an inverted-U relationship. Thus, the inverted-U relationship, if it exists, would derive from other aspects of the innovation process—presumably ones that are related to commercialization rather than to invention.24
Conclusion
In practice, competition policy toward mergers does not pay attention to maintaining large numbers of independent research entities that provide diversity for inventive efforts that support innovation in a market. The inattention occurs even though the goal of competition policy is to promote competition—in part because “[c]ompetition often spurs firms to innovate” (U.S. Department of Justice and Federal Trade Commission, 2010, p. 23).
The consensus view that a moderate amount of concentration of research resources promotes innovation has aligned in the application of competition policy with the view that economic performance given existing technologies is improved when markets are sufficiently concentrated to achieve significant economies of scale and when firms’ operations across markets capture available efficiency gains from vertical integration and from economies of scope.25 Attention to the improvement in innovation performance that results from the diversity that is provided by numerous research competitors is simply not a focus of competition policy.26
The focus in this paper on the benefits of diversity in research efforts is a narrow economics argument about the efficiency of the research process; thus, the focus is different than the one that has been emphasized by the Biden administration’s FTC.
The FTC has proposed new approaches to competition policy that include, among other things, actions “to ensure that all members of the public reap the benefits of competition, particularly members of underserved, marginalized and diverse groups … [and] to identify and redress the potentially disparate impact anticompetitive transactions or business practices have on traditionally underserved and marginalized communities, particularly when conduct may seek to deliberately exploit or prey upon the disadvantages of these diverse communities.” (Federal Trade Commission, October 2021, p. 21).27
The FTC’s initiatives are controversial because competition policy—as it has evolved with the enforcement and interpretation of the statute law—has had the narrow goal of promoting competition in markets to increase efficiency and innovation for the benefit of consumers.28 The FTC proposes to use competition policy to address equity among diverse groups—an approach that is distinct from but complementary with the use of competition policy to ensure diverse research efforts.29
Changing competition policy to address a goal of preserving the diversity that is provided by large numbers of competitors in a market has a narrowly economic, efficiency-based justification: improving innovative performance.30 An economy’s dynamic performance is important; when good, it can create productivity gains and growth that allow better living standards for households throughout the distributions of income and wealth.
Thus, an implication of this paper’s findings about how numerous diverse research organizations can increase the likelihood of invention would be that in the calculus of antitrust enforcement decisions about mergers, additional weight should be assigned to the benefits for invention from avoiding the loss of independent research organizations because of mergers. Translating the implication into policy is difficult, and several key issues must be addressed:
It is important to keep conceptually separate—at least in principle—the size and structure for the inventing (or R&D) organization from the size and structure of the production organization in which the inventing organization may or may not be housed. As was discussed in note 5, there are economies of scale in inventing; yet the metric for the scale of research output differs from the metric for the scale of the production of goods and services to which an invention may apply, and the differences in the metrics are important when examining tradeoffs: Mergers decrease the number of independent research centers but increase the scale of production and possibly of invention and R&D activities.
Seller concentration in the relevant goods/services market need not be the same as—or have the same effects as—the concentration in the underlying research “market” that is especially important for evaluating a merger’s impact on the number of diverse research organizations.
The tradeoffs must be enumerated. The key tradeoff to confront would be to weigh gains from a larger number of diverse research organizations with the advantages that are provided by fewer firms that may not only realize scale economies in research and production but also appropriate more of the social returns when an invention is developed and commercialized (Cohen and Klepper, 1991).31 The tradeoff also entails the different roles that are played by small and large firms in the process of invention and innovation (Scherer, 1970, p. 357), with the need to maintain a sufficient presence of larger firms so as to ensure the successful innovations that build on the inventions that are generated by smaller firms.32
The point here is that competition policy should increase the weight that is placed on the diversity that is provided by a larger number of innovative rivals because of the increased likelihood that there will be research organizations with the requisite knowledge elements for the invention that precedes further development work and commercialization of an innovation.33 Without the invention, there will be no innovation. But clearly there are the foregoing issues to address if merger policy is to implement an increase in the weight that is placed on the value of numerous diverse research centers.
Moreover, although the statute law that governs competition policy is stated broadly enough to encompass enforcement to protect desirable diversity of numerous research rivals in a market, new legislation would probably be needed to implement the proposed change in merger policy. Using competition policy toward mergers to ensure the diversity of research that is important for invention would probably require new legislation, given the current interpretation of the current statutes and because interpretation of the statute law develops slowly through case law.34
Such new legislation would state that protecting the diversity of research efforts is important for effective competition and thus is an important goal of competition policy. The legislation would add information about the intent of the broadly-worded statute laws—adding language to state explicitly that maintaining the diversity that is provided by numerous competitors in a market is an important part of what is meant by maintaining competition.
The proposed change in antitrust policy toward mergers—to emphasize the importance of maintaining numerous diverse research organizations in markets—could have a significant impact on the pace of invention; this is an impact that would be especially helpful in the context of evidence that ideas are becoming harder to find (Bloom et al., 2020).35
We described above the increasing costs that are faced by a research organization when expanding its own knowledge set, but also showed that a collection of diverse research organizations could increase the likelihood that some of the organizations would have within their knowledge sets the requisite knowledge for invention. Policy that promotes numerous diverse research organizations may therefore unleash the possibilities of combinatorial growth that is described by Weitzman (1998).
Acknowledgements
I am indebted to Lawrence J. White and two anonymous referees for exceptionally thoughtful and constructive criticism that resulted in many substantive improvements in the paper.
Appendix
From Eq. (3),
From Eq. (2), the right-hand side equals
Declarations
Conflict of interest
Not Applicable
Footnotes
In the context of their own original research about the challenges in effectively using knowledge diversity within research teams to create new products, Pollok et al. (2021) provide an integrative discussion of key contributions in the large, well-developed management science literature that finds that diversity benefits innovation because it allows taking advantage of more combinatorial possibilities to discover the right combination for an invention.
Sect. 2 develops the definition of uncertainty and establishes the result that numerous diverse research organizations increase the likelihood of invention by using the description in Scott (2016) of the invention sample space—the set of possibilities for the combinations of essential elements of knowledge in the creative process of finding the right combination for an invention. Scott (2016) used the description to set out the steps in creative individuals’ process of discovering an invention, as individual inventors or within research organizations, and to describe various corporate strategies for sharing information. In this paper, the description is used to define a particular type of uncertainty and then to show how the uncertainty can be resolved by having numerous diverse research organizations. Additionally, this paper develops the potential implication for merger policy of the new ideas that are developed in Sect. 2.
As described by Usher (1929, p. 11), “Invention finds its distinctive feature in the constructive assimilation of preexisting elements into new syntheses, new patterns, or new configurations of behavior.” Invention combines diverse ideas. Weitzman (1998, pp. 334–336) has several noteworthy statements—including Usher’s classic statement—from writers who have explained that the creative process of invention is a process of combining ideas and, moreover, combining quite diverse ideas. The mathematician Poincaré observed in 1908, as quoted by Weitzman (1998, p. 335): “To create consists precisely in not making useless combinations and in making those which are useful and which are only a small minority. Invention is discernment, choices…. Among chosen combinations the most fertile will often be those formed of elements drawn from domains which are far apart.”
Pollok et al. (2021) review the management literature that develops the insight that too much diversity in the points of view that inform an organization’s research process is counterproductive because the research will lose focus and be difficult to manage. They study knowledge diversity’s positive and negative effects on team creativity and “… argue that while diversity creates combinatorial opportunities that increase the likelihood of novel creative output, it also impedes team coordination making convergent refinement towards useful solutions less effective” (Pollok et al., 2021, p. 2).
The increasing costs for working with a larger set of knowledge elements is an example, in the context of a research organization, of the U-shaped cost curves shown in microeconomics textbooks. The organization’s desire to encompass more knowledge elements to increase its likelihood of discovering an invention reflects an “economy of scale” in invention (along with other sources of economies of scale such as the large, expensive equipment that may be needed for some kinds of research). In the textbook case, the U-shaped unit cost curves turn upward in the short run as more variable factors of production are used with the fixed factors of plant and equipment; and even in the long run when all factors of production are variable and plant and equipment can be expanded, the long-run unit cost curves will be U-shaped if there are diseconomies of scale. The classical reason for diseconomies of scale is managerial diseconomies, and that is what the organizational science literature is observing for research organizations that face limitations on the amount of diversity in their knowledge sets that is manageable. One could think of the research organization’s knowledge set as an asset, just as the specialized equipment that its researchers use, and in the long run the research organization’s knowledge set can be expanded, adding more elements of knowledge to the knowledge set that is used with its human and physical capital. However, the difficulties of managing the organization increase, the organization incurs costs of dealing with those difficulties; and eventually the cost of a unit of research output increases with further expansion of the knowledge set.
For examples of the requisite t elements of knowledge for each of several prominent inventions, see Scott (2016, Table 1, pp. 413–414).
The summation of p(f) from f = 0 to t equals 1. The proportions are not probabilities: The set of possible outcomes has been described; but a numerical value for probability has not been associated with each potential outcome. If for example all potential outcomes were equally likely, then the proportions would be probabilities; but that is not the case.
Restricting the portion of the universe of knowledge from which a research team chooses its s elements of knowledge for study can—if the portion’s set of knowledge elements includes the requisite t elements—increase the proportion, of all the ways that the s elements could be chosen, for which the chosen set of s elements includes the necessary t elements. See the discussion of the “exclusion step” in Scott (2016, pp. 421–425).
If a research team works with s elements of knowledge from which could be chosen a combination to create an invention, the total number of possible combinations in distinct groups with one or more of the elements is . See the explanation and discussion in Scott (2016, n. 8, p. 427) and the references there. Adding one element of knowledge to the set that is used by the researchers essentially doubles the number of possible combinations. The ratio of the combinations of s + 1 to combinations of s is , which approaches 2 as s becomes large.
For our example with n = 1,000,000, s = 1,000, and t = 3, if—to provide an illustrative example—v = 61, then computing the change in the change using the formula given by Eq. (4) yields the answer 53/(8,333,308,333,350,000) = 6.36001908004452… x 10− 15. Although we need Eq. (4) to prove that the proportion Pt increases at an increasing rate as s is increased, we can compute the change in the changes more directly. One gets the same answer if Eq. (1) is used to compute the values for Pt for the cases when s = 1060, s = 1061, and s = 1062 (with n = 1,000,000 and t = 3) and then computes directly, from those values for Pt, the change in the two successive changes as s is increased by 1 from 1060 to 1061 and then again from 1061 to 1062. Also, the same answer is found using Eq. (2) to compute the two successive values for Pt and then computing the changes and the change in the changes. Further, the same answer is found if Eq. (3) is used to compute each successive change and then the change in the changes is computed.
The assumption here is independence across research organizations with regard to whether a research organization has in its knowledge set the t elements of knowledge essential for the invention pursued. However, even if there were some positive correlation across organizations in the presence of the t elements, the result here remains: A larger number of organizations implies a larger probability that at least one organization has the essential t elements in its knowledge set. Moreover, a larger number of organizations implies a larger probability that somewhat similar (differentiated) inventions can emerge as the successful invention that results when the numerous diverse organizations are pursuing “the invention” and several find the successful combination of knowledge elements, differentiating their versions sufficiently to allow obtaining intellectual property or at least avoid rival organizations blocking the marketing of their versions. For example, as documented in Danziger and Scott (2022), there have been many competing versions of drug-eluting coronary stents, with the variations in them sufficient to allow the differentiated and patented products to be marketed. Danziger and Scott also explain why theoretically the competition that involves similar products might not have a detrimental effect on R&D investment.
Thinking in terms of the “demand” for and the “supply” of inventions is helpful for understanding where the findings here fit within the industrial organization literature. For a cost-reduction invention, the demand comes from an enterprise (or from an entrepreneur) that seeks a lower-cost way of producing some product or service. The strength of that demand will depend on the market structure of that product or service—as has been developed in the large literature that was spawned by Arrow’s (1962) seminal article. The supply will be a function of the elements/diversity argument that is developed in this paper, economies of scale, and the difficulties of managing a large research organization. There is also the “vertical integration” issue of in-house versus stand-alone research, which then raises the familiar issues of appropriability, asymmetric information, and financing, among others. A similar demand and supply framework could apply to an invention that creates a differentiated substitute for an existing product.
With these iconic examples, individual researchers and research organizations shared information, “borrowing” ideas from others. In addition to the discussion in Pollok et al. (2021) about the open sharing of information among researchers, see Meyer (2015, pp. 214–215) who provides, with citations of numerous important contributions, an excellent window on the very large literature about the benefits, for invention and innovation, of freely sharing information. Meyer provides references to the works of many scholars (for example, von Hippel (2005) with his focus on user (consumer) led innovation) who have made contributions to the concept and understanding of open innovation that occurs when individuals, firms, and organizations more generally find sharing ideas to be advantageous. In the context of the sample space for invention, Scott (2016) discusses the sharing of information as a corporate strategy.
For example, the inventors of the drug-eluting coronary stent benefited from a vast amount of research from diverse research organizations about the causes of narrowing of coronary arteries, about the methods of treatment, and about anticancer drugs that prevent unwanted proliferation of tissue cells. Observing the two NIH inventors brainstorming the idea for the drug-eluting coronary stent, demonstrating proof of concept, and obtaining a patent, we need to remember the numerous diverse research organizations that preceded and made possible the invention and effectively reduced n to a much more manageable by the time that we observe the invention’s discovery. See Nijhara et al. (2005) and Danziger and Scott (2022).
Monopoly is unlikely to replicate the diversity that free entry of diverse research organizations would provide because of the difficulty of managing a large knowledge set (large s). Moreover, the monopolist would not have an incentive to incur the costs of ensuring diverse outcomes for research trials to increase the likelihood of a dominant innovation, because the monopolist gains the same expected benefit regardless of the number of successful trials yielding substitutable innovations. Substitutable products that are commercialized because of the monopolist’s research trials will not create rent-eroding price competition in the post-innovation market (Scott, 1991, p. 139).
The theoretical and empirical evidence that supports the idea that diversity across research organizations increases with their number is now three decades old, and it would be useful to have new research on the subject. The research from three to four decades ago was able to make use of the data that were provided by the now discontinued Federal Trade Commission’s Line of Business Program. Appropriate new data are now available: Three decades after the FTC stopped gathering line of business data, the U.S. National Science Foundation introduced the Business R&D and Innovation Survey (the successor to the Survey of Industrial Research and Development), which provides a source of high-quality R&D data that are segmented by type of business that can be combined with the Census Bureau’s Longitudinal Establishment Data file (see Scott, 2014).
Gilbert (2020), which will be discussed subsequently, reviews U.S. and European Commission (EC) merger cases that address innovation competition; and Martin (2008) provides an insightful and authoritative overview, comparison, and contrast of U.S. competition policy with policies in the European Union.
In the United States, the key federal laws that could be used to protect diversity in the innovation process are the Sherman Antitrust Act (26 Stat. 209, 15 U.S.C. 1 and following), the Clayton Antitrust Act (Public Law 63–212, 38 Stat. 730, 15 U.S.C. 12 and following), and the Federal Trade Commission Act (Public Law 63–203, 38 Stat. 717, 15 U.S.C. 41 and following). The key U.S. federal enforcement agencies are the Antitrust Division of the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC). The U.S. federal courts interpret the law in the context of the cases that are filed by the DOJ and the FTC, as well as by private parties and by state Attorneys General.
A reader of the earlier version of this paper observed the tension between my endorsement of Baker’s article and my subsequent explanation of how antitrust policy has ignored, or had inadequate tools to address, the need to consider the importance of numerous diverse research competitors in a market. The resolution of the tension is that Baker’s view is based on an understanding of the literature as it was, while in this article I advance a new dynamic-efficiency-based reason for change in both the economics and the law.
Such a change in policy would be consistent with the competition and innovation policies that are advocated by Aghion et al., (2021) to promote what they term “inclusive growth,” although the policy change proposed here is a narrow, focused one that is based on the idea that was developed above. Aghion et al. (2021) consider a much broader range of policies, including some akin to those in Federal Trade Commission (October 2021, p. 21) as will be discussed below. They also explicitly place their analysis in the worldwide context of emerging markets and developing economies as well as advanced economies.
Providing an overview of the literature about competition and innovation that is used in competition policy, Hovenkamp (2016, p. 1) observes, “A broad consensus today is that the market structure/innovation curve is a lopsided, inverted “U.”. . . Neither monopoly nor atomistic competition is especially conducive to innovation. Rather, most innovation occurs in moderately competitive, product differentiated markets.” The broad consensus has a firm foundation in the literature. As Scherer (1970, p. 378) surmised early in the development of the literature: “What is needed for rapid technical progress is a subtle blend of competition and monopoly, with more emphasis in general on the former than the latter, and with the role of monopolistic elements diminishing when rich technological opportunities exist.” The rich technological opportunities allow sufficient appropriation of returns to support the investments of firms in more competitive markets. For an important review and perspective about the early theory and evidence of the inverted-U relation between market structure and innovation, see Scherer & Ross (1990, pp. 630–651). Baker (2007, p. 584) discusses papers subsequent to the Scherer and Ross review that “appear to have resurrected the “inverted U” result” but “do not control satisfactorily for differences across industries in the extent and rate of growth of technological opportunity and in the conditions of appropriability.”
Williamson (1968) provides the landmark examination of the increased economic performance from efficiency-enhancing concentration of a market’s sellers despite an increase in their market power: the ability to control price.
The enforcement agencies consider a moderately concentrated market to have a Herfindahl-Hirschman Index (HHI) between 1500 and 2500 (U.S. Department of Justice and Federal Trade Commission, 2010, p. 19), which corresponds to a market with between 6.67 and 4 equal-sized firms. Some substantial mergers in moderately concentrated markets could in theory be challenged, but the mergers that are challenged by the agencies typically are in markets that are highly concentrated, with HHI greater than 2500—often considerably so.
The evidence in Scott (1984) and the theory and evidence in Scott and Scott (2014) suggest that the sightings of the inverted-U have been the result of insufficient controls for the many forces that affect R&D investment.
Kwoka (2017), who examines U.S. policies, and Affeldt et al., (2021), who examine European Union policies, conclude that antitrust enforcement has been too lenient because too much weight has been placed on the possibilities for efficiency gains as compared to the effects on market power from lost competition.
Gilbert’s (2020) careful review of U.S. and EC merger cases that have addressed concern about innovation competition supports the view that protecting large numbers of diverse research rivals is not a focus of merger policy. As was discussed above, Baker (2007, p. 592) observed that the merger challenges that entail a concern about innovation occur when there are just a few likely innovators—and even then, only when offsetting innovative efficiencies are not anticipated. The enforcement actions—whether to block a merger, require divestiture of assets, or require licensing of technology—occur when few research rivals remain in the market. Gilbert (2020, pp. 163–165) does provide what might appear to be an exception—the EC’s challenge to a merger of the agrochemical businesses of Dow and DuPont. Conforming with the norm of addressing loss of innovation competition only when a few innovation rivals remain, when it challenged the merger, the U.S. DOJ did not require the divestiture of any R&D assets. However, the EC did require DuPont to divest R&D assets for agricultural pesticides, applying “… unilateral effects theory for early-stage R&D incentives in an industry with more than a few potential innovators” (Gilbert, 2020, p. 164). Although the case is novel, Gilbert’s detailed discussion explains that although there are many research organizations doing R&D for agricultural pesticides, the EC specifically restricted the set of potential innovators in various ways that left just a few in the relevant “innovation spaces.” Thus, even this one novel case conforms to the enforcement agencies’ concerns (about a merger lessening innovation competition) only when a few research competitors remain.
The FTC even voted to withdraw its 2015 statement about its enforcement principles as a part of its decision to take a more expansive approach to its enforcement efforts under Sect. 5 of the FTC Act (Federal Trade Commission, July 1, 2021). The withdrawn 2015 statement enumerated “the Commission will be guided by the public policy underlying the antitrust laws, namely, the promotion of consumer welfare; the act or practice will be evaluated under a framework similar to the rule of reason, that is, an act or practice challenged by the Commission must cause, or be likely to cause, harm to competition or the competitive process, taking into account any associated cognizable efficiencies and business justifications; and the Commission is less likely to challenge an act or practice as an unfair method of competition on a standalone basis if enforcement of the Sherman or Clayton Act is sufficient to address the competitive harm arising from the act or practice.” (Federal Trade Commission, 2015). For the meaning of the goal of promoting “consumer welfare,” see Martin (2008, pp. 46–49).
Thinking about the entire spectrum of proposals to use antitrust policy to address more than maintaining competition in markets, White (2021, p. 14) observes, “The focus of antitrust is narrow: maintaining competition, with the goal of enhancing the efficiency and innovativeness of markets in ways that ultimately benefit consumers. To widen the goals of antitrust—as has been advocated by some critics of current antitrust policies …—so as to encompass goals such as expanded employment, a cleaner environment, improved income distribution, community development, etc., would be a mistake. It would dilute and distract antitrust enforcement, since additional tradeoffs between efficiencies and these other goals would need to be considered—and additional data and modeling would be needed so as to measure/quantify these tradeoffs. The current tasks of antitrust enforcers are already difficult; to add dimensions that they would have to evaluate and for which they would have to acquire expertise and determine tradeoffs could make their tasks near-impossible. Instead, if antitrust enforcement is perceived as contravening other goals … then there should be other policies that are brought to bear to provide appropriate remedies.”
The FTC’s intention to address equity is made explicit in the title to the section quoted: “Objective 2.4: Advance racial equity, and all forms of equity, and support underserved and marginalized communities through the FTC’s competitive mission.” (Federal Trade Commission, October 2021, p. 21).
The new policy proposed would be consistent with Gilbert’s (2020, p. 235) call for competition policy to become more “innovation-centric” while not abandoning its traditional “price-centric” orientation.
Scale economies in R&D could arise not only from the “traditional” reasons—research labs are expensive, so are experimental nuclear reactors, etc.—but also (building on the “elements” structure of inventions) from the reason that some companies may be better at managing larger numbers of the elements that need to be combined into an invention. This is wholly parallel to the idea that some senior executives are better at managing larger production processes, larger (deeper) vertical processes, and/or larger (wider) scope processes.
Note that the implementation of the change in policy would not necessarily require antitrust enforcers to evaluate the diversity in individual cases: Perhaps enforcers could favor a merger if the scientists and engineers in the two firms came from different disciplines or different graduate programs, work in different cities, or attend different research conferences, or favor the union of the research organizations if they each pursued different theoretical approaches in their research programs. The reason is that because of the increasing costs that limit the number of elements of knowledge that can be effectively managed within a research organization, the merger of such diverse firms would be likely to eliminate their diversity. Arguably a good approach would be for the enforcers to use our understanding that the diversity of knowledge sets is positively related to the number of research organizations and, on the diversity dimension, consider just whether the merger reduces the number of diverse competitors—although, as was noted above, more research is needed on that subject. Merging firms might argue that they planned after the merger to continue their individual research streams and work with the elements in their individual knowledge sets; but the argument that has been developed in this paper is that the increasing costs associated with expanding an organization’s knowledge set would be likely to cause the merging firms to abandon the plans to maintain the pre-merger diversity of their research.
With reference to note 11, observe that whether multiple firms that invest in research discover “the invention,” or instead just one firm finds it, many firms may be able to commercialize it by finding ways to differentiate their version of the invention. Alternatively it is possible that product market competition will instead require multiple inventions, with each distinguished as a different combination of elements of knowledge but with each of the differentiated products interchangeable in use. Whatever the case, the central finding remains that blocking mergers to preserve independent centers of research will increase the likelihood of successful invention because it will increase the chances that one or more research organizations will be working with knowledge sets that include the requisite elements for invention.
The history of the antitrust law regarding resale price maintenance challenged under the Sherman Act illustrates the slowness of the evolution of antitrust law in response to new understanding about the economics of the behavior involved. Close to a century passed from the U.S. Supreme Court’s precedent-setting opinion in the 1911 Dr. Miles case (220 U.S. 373) until it was overturned in the Supreme Court’s 2007 decision in the Leegin case (127 S. Ct. 2705).
The findings of Bloom et al. (2020) about a decline in the productivity of scientific research are consistent with Gordon’s (2016) historical analysis of the slowdown in economic growth for the U.S. economy and with Jones’s (2009) observations about inventors’ difficulties of reaching the frontiers of knowledge as knowledge accumulates. See also the evidence and discussion in Link and Scott (2021) about the increase in the resources needed to achieve gains in knowledge.
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