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Parallel imports have been treated very differently in different countries. In the EU, competition law's very strong (per se) prohibition of restrictions to parallel imports (PI) can be justified by traditional "public interest" concerns related to the EU's objective to promote free trade and...
Persistent link: https://www.econbiz.de/10012318071
Hipster Antitrust calls for the outright rejection of the consumer welfare standard as the lodestar of antitrust law in favor of a vague “public interest” test that requires courts and agencies to consider a variety of social and political goals. It also advocates for focusing antitrust...
Persistent link: https://www.econbiz.de/10014114528
The doctrines of trademark genericism and functionality serve similar functions under the Lanham Act and the common law of unfair competition. Genericism, in the context of word marks, and functionality, for trade dress, bar trademark registration under the Lanham Act and, both under the Act and...
Persistent link: https://www.econbiz.de/10012965820
For famous mark holders, risk of dilution should be considered as the paradigm to delimit the scope of exclusive rights in order to forbid any commercialization of “genuine fakes” at the point of sale. But is risk of dilution a good legal alternative to protect consumer information costs?...
Persistent link: https://www.econbiz.de/10013086099
Antitrust law and telecommunications regulation have long adopted different stances on whether to mandate open access to information platforms. This article aims to help regulators and commentators incorporate both Chicago School and post-Chicago School arguments in evaluating this basic policy...
Persistent link: https://www.econbiz.de/10014075170
The US government has decidedly moved towards encouraging co-operation in research and development (R&D) between firms, universities, and other research institutes since the early 1980s. The Republican Administration in the early 1980s set the stage for a radical shift in market environment...
Persistent link: https://www.econbiz.de/10014038659
This paper discusses how antitrust law and regulatory rules should be applied to network industries. In assessing the application of antitrust in network industries, we analyze a number of relevant features of network industries and the way in which antitrust law and regulatory rules can affect...
Persistent link: https://www.econbiz.de/10014026715
In a recent report commissioned by the Norwegian government, a group of experts have presented a new framework for Norwegian competition analysis and policy, see von der Fehr, Norman, Reve and Ryssdal (1998). In conclusion, we believe the report represents a major contribution to the discussion...
Persistent link: https://www.econbiz.de/10014208586
The paper focuses on the various methods used to quantify cartel damages, which have become more and more important as private damage suits in the aftermath of antitrust litigation increase. The approaches implementation is embedded into current legal environments with regards to the estimation...
Persistent link: https://www.econbiz.de/10010230329
Sanjukta Paul and Hal Singer (P&S) responded to my recent CPI Comment, “News Media Cartels are Bad News for Consumers,” which addressed the likely harm that would arise from the proposed Journalism Competition and Preservation Act, if passed. P&S criticize my conclusion that the legislation...
Persistent link: https://www.econbiz.de/10012868237