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Patent licensing contracts commonly prohibit licensees from challenging the validity of the patents at the basis of the contract or penalize such challenges. A considerable debate has emerged as to whether courts should enforce these challenge clauses. We argue that this debate has not gone far...
Persistent link: https://www.econbiz.de/10012935082
The antitrust laws are increasingly used to prosecute alleged acts of market manipulation, particularly against firms in the banking and energy industries. Both industries are now regulated subject to fraud-based market manipulation rules, but antitrust remains a vehicle on which private claims...
Persistent link: https://www.econbiz.de/10012964287
Something old and important is lost sight of in a case like Ohio v. American Express, the Supreme Court's recent adoption of "platform" or "two-sided market" theory in American antitrust, and in theoretical efforts like the one on which it is based. A rarely discussed idea built in to American...
Persistent link: https://www.econbiz.de/10012892397
Many markets, including markets for IPOs and debt issuances, are syndicated: each winning bidder invites competitors to join its syndicate to complete production. Using repeated extensive form games, we show that collusion in syndicated markets may become easier as market concentration falls,...
Persistent link: https://www.econbiz.de/10011901727
The following is a compilation of short book reviews I have prepared over the past two years for the World Competition Law & Economics Review or the Institute for Consumer Antitrust Studies, Loyola University Chicago School of Law website. In one case, the book discussed was published in 2010,...
Persistent link: https://www.econbiz.de/10013085786
On December 18, 2009, Beijing No. 1 Intermediate People's Court issued a ruling in favor of Baidu, Inc., a leading search engine provider in China, in an abuse of a dominant position case brought by Tangshan Renren Information Services Co., an operator of a medical information consulting...
Persistent link: https://www.econbiz.de/10013069224
This comment is submitted to China's National Development and Reform Commission (NDRC) by the Global Antitrust Institute (GAI) at George Mason University School of Law in response to the NDRC's Questionnaire on Intellectual Property Misuse Antitrust Guidelines. The GAI Competition Advocacy...
Persistent link: https://www.econbiz.de/10013014530
We study the U.S. sugar manufacturing cartel that was created during the New Deal. This was a legal-cartel that lasted 40 years (1934-74). As a legal-cartel, the industry was assured widespread adherence to domestic and import sales quotas (given it had access to government enforcement powers)....
Persistent link: https://www.econbiz.de/10013153348
Are U.S. digital markets advancing, or threatening, the American economy? There is keen interest in the answer to this question. Sweeping changes have disrupted society courtesy of the Information Revolution, presenting great opportunities in radically transformed economic markets but also great...
Persistent link: https://www.econbiz.de/10012834821
Platform businesses that facilitate connections between different stakeholders play an increasingly prominent role in the economy. In 2018, the U.S. Supreme Court issued a seminal decision, Ohio et. al. v. American Express, on the analysis of antitrust issues involving these sorts of businesses....
Persistent link: https://www.econbiz.de/10012837890