This paper examines exclusionary practices allegedly used by Intel to maintain its dominant position in sales of microprocessors for IBM-compatible personal computers (PCs), focusing primarily on the preferential allocation of scarce product among customers. The paper considers the period...

The internet traffic prioritization, traffic management, or network neutrality debate (however it is labeled) fundamentally centers on the question of how packet inspection technology can be used and, more specifically, if data packet inspection should be used to differentiate price and or...

One hot topic is whether Google has violated the antitrust laws. Another important topic is how behavioral economics can enrich antitrust policy. This Essay examines two implications of behavioral economics on antitrust monopolization law. The Essay first discusses trial-and-error learning as an...

In the most important ruling ever on causation and standard-setting, In re Rambus, the D.C. Circuit made it unnecessarily difficult to demonstrate causation. It erected roadblock after roadblock in front of legitimate cases alleging monopolization in the standard-setting context. The primary...

We discuss and compare the remedies in the two cases antitrust cases of the European Union (EU) against Microsoft. The first EU case alleged (i) that Microsoft illegally bundled the Windows Media Player (WMP) with Windows; and (ii) that Microsoft did not provide adequate documentation that would...

The Microsoft cases in the United States and in Europe have been influential in determining the contours of the substantive liability standards for dominant firms in US antitrust law and in EC Competition law. The competition law remedies that were adopted, following the finding of liability,...

Patent holders are, with increasing frequency, making public promises to refrain from asserting patents under certain conditions, or to license patents on terms that are “fair, reasonable and non-discriminatory” (FRAND). These promises or “patent pledges” generally precede formal license...

The Microsoft case (U.S. vs Microsoft, 1998) is paradigmatic of some of the most important features of an antitrust case, like the definition of the relevant market, the detection of the market power and of its abuse. In the software industry, as the companies are competing on the standard of...

The Microsoft case (U.S. vs Microsoft, 1998) is paradigmatic of some of the most important features of an antitrust case, like the definition of the relevant market, the detection of the market power and of its abuse. In the software industry, as the companies are competing on the standard of...