The rejection of the Google Book Search settlement means that we are at a point of rebooting how we design our digital library future. There were many criticisms of GBS and the settlement but perhaps chief among those was the risk that approval of the settlement would have locked in a single...

The razors-and-blades story offers a foundational understanding of a key area of economics and strategy: Invest in an installed base by selling the razor handles at low prices or even giving them away, then sell the razor blades at high prices to justify the prior investment. Large chunks of...

In American Needle, Inc. v. National Football League, in a unanimous decision by Justice Stevens, the U.S. Supreme Court concluded that the NFL’s licensing activities constituted concerted action subject to Section 1 inquiry under the Sherman Act, even though the actual licensing itself was...

Google takes products out of beta status slowly, even while it is making substantial improvements in the product. Objectors will see the amended settlement agreement as a mixed bag, with some finding almost nothing in the changes (privacy advocates and those who fear high prices for...

The Google Book Search Settlement has received a great deal of attention. In response to opposition, the original settlement has been delayed and will now be resubmitted. In this brief paper, I address three points. First, I do a quick status update on competition issues in the case. Second, I...

In this essay prepared for the American Bar Association's 56th Antitrust Law Spring Meeting, I consider two issues that pertain to the overall question of what antitrust doctrines are up for retirement. First, we can't consider that without understanding how the Supreme Court approaches stare...

This paper considers the four antitrust decisions in the Supreme Court's 2006 Term. It offers brief discussions of Weyerhaeuser and Credit Suisse. Weyerhaeuser is a small, modest decision. The Court isn't likely to see another predatory bidding case soon and the Court chose to minimize doctrinal...

One of the constitutive notions of intellectual property is the public domain. These are the ideas, notions and works that are usable by all where no person can invoke a right to block use by another. I am interested in the mechanics of accessing the public domain and the consequences of the...

In this paper, I make a number of points about the Microsoft case itself and the next steps that should take place. In particular, I argue that: - No Liability for Tying. Microsoft should not be found liable under the Sherman Act for tying Internet Explorer to Windows. In the pre-networked...

More than a century ago, the federal government started controlling competition, first railroads through the Interstate Commerce Act and then the general economy under the Sherman Act. The Commerce Act assigned primary responsibility to the first great federal agency, the Interstate Commerce...