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The question of whether and how partial common-ownership links between strategically interacting firms affect firm objectives and behavior has been the subject of theoretical inquiry for decades. Since then, the growth of intermediated asset management and consolidation in the asset-management...
Persistent link: https://www.econbiz.de/10012932628
Although competition law and IP law probably pursue complementary goals, competition laws can:(i) affect remedies available for patent infringement; and/or otherwise,(ii) limit the conduct of patentees, particularly when transferring or licensing their patents. This chapter discusses the cases...
Persistent link: https://www.econbiz.de/10014111433
The Hatch-Waxman Act was intended to encourage makers of generic drugs to seek early entry into drug markets controlled by patents, in part by challenging the patents before they expire. Some patentees have settled these challenges by agreeing to pay the challengers tens or hundreds of millions...
Persistent link: https://www.econbiz.de/10014061863
Antitrust law condemns price-fixing cartels and seeks to encourage private suits against the conspirators by automatically trebling antitrust damages and by providing for joint and several liability. Because the Supreme Court has held that there is no right to contribution among antitrust...
Persistent link: https://www.econbiz.de/10013160007
This is a time of passionate debate on the fundamental goals of competition law. Should there be a single overarching goal for all of competition law and policy? Should that goal be framed in purely economic terms? Should antitrust focus on protecting the competitive process, preventing unfair...
Persistent link: https://www.econbiz.de/10014261480
What lessons can we learn from the financial crisis concerning the issues of systemic risk, firms too big to fail, and the income inequality in the United States today?In light of the public anger over the financial crisis and bailouts to firms deemed too big to fail, this Essay first addresses...
Persistent link: https://www.econbiz.de/10013131215
The antitrust duty to deal is perhaps the most confounding and controversial form of antitrust intervention. It is sought by plaintiffs in situations where a monopolist controls a critical input (or “essential facility”) and unilaterally refuses to sell access to rivals. Courts have...
Persistent link: https://www.econbiz.de/10013217089
As the COVID-19 crisis unfolded, the European Commission (Commission) started labelling its enforcement of European Union (EU) competition law as exceptional. A Temporary Framework for State Aid was issued for the ‘current exceptional circumstances’ describing multiple types of aid dealing...
Persistent link: https://www.econbiz.de/10014351332
The Soviet Union dissolved on December 26, 1991. This accelerated a trend toward both the development of market economies and competition law to protect those economies. No one could have predicted that within twenty years most of the world’s trading economies would have adopted recognizable...
Persistent link: https://www.econbiz.de/10014171417
The paper explores what macroeconomic factors can tell us about the effectiveness of recently enacted national competition laws. Qualitative evidence suggests that numerous countries fall short in implementing competition law. Furthermore, there seems to be significant differences between...
Persistent link: https://www.econbiz.de/10010269962