The United States has asymmetric regulation of the provision of broadband Internet access service. A cable television system operator is not regulated in its sale of cable modem service. In contrast, an incumbent local exchange carrier (ILEC) that offers digital subscriber line (DSL) service...

United States v. Terminal Railroad Association, the essential facilities doctrine has been applied to a wide variety of business contexts - from football stadiums to the New York Stock Exchange. However, courts have also declined to extend the doctrine to a wide variety of situations. Despite...

This essay, written three years before the enactment of the Telecommunications Act of 1996, is a reminder of how little has been accomplished in deregulating telecommunications. In 1993, I erroneously predicted that American telecommunications regulation was about to collapse like the walls of...

We examine the consumer-welfare implications of Google’s project to scan a large proportion of the world’s books into digital form and to make these works accessible to consumers through Google Book Search (GBS). In response to a class action alleging copyright infringement, Google has...

Whenever a claimant in arbitration prevails, the tribunal must calculate quantum. Indeed, sometimes the central question in arbitration is to value a disputed asset. However, an arbitrator's expertise typically is law, not economics. How can the tribunal apply economic analysis to the question...

Proponents of the patent-holdup conjecture implicitly model competition among different technologies for inclusion in a standard as a static Bertrand pricing game without (1) any capacity restraints, (2) any product differentiation, and (3) any outside option for the inventors. On the basis of...

Indian jurisprudence on fair, reasonable, and nondiscriminatory (FRAND) licensing practices for standard-essential patents (SEPs) is at a relatively nascent stage. Unlike U.S. and EU courts, which have dealt with cases concerning calculating a FRAND royalty for a considerable time, Indian courts...

A trade secret is proprietary but unpatented information that confers a competitive advantage on its owner. If someone impermissibly uses a trade secret, the owner of the secret is entitled to a remedy that may include, in addition to damages, an injunction that forbids the unauthorized user...

Current controversies over patent policy place standard-setting organizations (SSOs) on a collision course with antitrust law. Recent theoretical research conjectures that, in an SSO, patent owners can “hold up” patent users in the sense of demanding high royalties for a patented input after...