Substantive antitrust law has spread around the world. This has been a rather amazing turn of events in our post-cold war era, with more than 100 jurisdictions now claiming some form of antitrust legislation. Even though there is no global treaty framework for antitrust (similar, for example, to...

In recent years, reverse patent settlement agreements — whereby a patent holder pays or gives other forms of value to an infringer in order to avoid or to settle patent litigation — have raised considerable debate in the pharmaceutical field in both the United States and the European Union,...

In both the US and the EU, the antitrust category of “sham litigation” (in the US) or “vexatious litigation” (in the EU) enables a plaintiff, or a defendant in case this action forms part of a counterclaim, to argue that the introduction of litigation may constitute, under certain...

In 2020, the Department of Justice (DOJ) filed an antitrust suit against Google alleging that Google has unlawfully monopolized the markets for general search services, search advertising, and general search text advertising. The complaint raises questions involving market definition, monopoly...

This article uses the FTC's October 2003 white paper on the U.S. patent system as the point of departure for a plenary critique of the system from an economic perspective. Taking the fresh viewpoint of "Alice in Wonderland" - an Englishwoman familiar with the Statute of Monopolies and...

Many legal systems have been converging toward a US shareholder-centric model of corporate law and governance. This includes de jure rules relating to derivative enforcement. Despite convergence of the UK system towards the US model, each system continues to diverge as regards levels of...

The U.S. Supreme Court's October 2007 Term had a substantial and notable criminal docket. There were very significant Second, Sixth and Eighth Amendment decisions, as well as important rulings relating to basic habeas corpus principles and Federal statutes. This article provides a selected...

During the 1990s, Latin America experienced a criminal procedural revolution (LACPR) when approximately 70% of its countries abandoned their inquisitorial system and adopted the U.S. adversarial model. Followed the LACPR, the region experienced a dramatic increase in crime, consolidating it as...

Guaranties and suretyships reduce the risk of default and today remain essential arrangements in many commercial and consumer transactions. A guarantor or surety promises to pay for the debt of a third party and may become primarily liable on that debt. Despite the significance of such a promise...