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Market Failure and Non-Standard Contracting : How the Ghost of Perfect Competition Still Haunts Antitrust

Meese, Alan J. - 2012

continued hostility toward non-standard agreements. The article finds that explanation in price theory's model of perfect … competition. Some have attributed the inhospitality tradition to price theory's "technological" conception of the firm and a …

Persistent link: https://www.econbiz.de/10014058580

The New Institutional Economics of Antitrust and Regulation

Bickenbach, Frank; Kumkar, Lars; Soltwedel, Rüdiger - 2002

Hybrid governance structures between markets and hierarchies in many industries, e.g., in energy and telecommunications, challenge antitrust and regulation policy. The paper focusses on the theoretical and methodological basis provided by the New Institutional Economics (NIE) for analyzing the...

Persistent link: https://www.econbiz.de/10014114862

Making Sense of Nonsense : Intellectual Property, Antitrust, and Market Power

Katz, Ariel - 2007

While the economic rationale for intellectual property ("IP") rights rests on the concepts of "monopoly" or "market power," the U.S. Supreme Court, in Illinois Tool Works v. Independent Ink, has recently joined a "virtual consensus" among antitrust commentators believing that no presumption of...

Persistent link: https://www.econbiz.de/10014065710

Interoperability Standards, Patents and Competition Policy

Larouche, Pierre - 2015

While the traditional literature and the policy statements concerning standardization as such emphasize the benefits of … standardization, the intellectual property and competition law literature and policymaking has been more critical of standardization …” and “patent thickets”. There is a risk that the discussion of standardization, in academic and policy circles, becomes …

Persistent link: https://www.econbiz.de/10013031407

Patent Hold Up and Antitrust : How a Well-Intentioned Rule Could Retard Innovation

Froeb, Luke M. - 2014

Licensing technology essential to a standard can present a hold-up problem. After designing new products incorporating a standard, a manufacturer could be confronted by an innovator asserting patent rights to essential technology. A damages remedy provided by antitrust or some other body of law...

Persistent link: https://www.econbiz.de/10013068804

Comment of the Global Antitrust Institute, George Mason University School of Law, on the National Development and Reform Commission's Questionnaire on Intellectual Property Misuse...

Ginsburg, Douglas H. - 2015

This comment is submitted to China's National Development and Reform Commission (NDRC) by the Global Antitrust Institute (GAI) at George Mason University School of Law in response to the NDRC's Questionnaire on Intellectual Property Misuse Antitrust Guidelines. The GAI Competition Advocacy...

Persistent link: https://www.econbiz.de/10013014530

Comment of the Global Antitrust Institute, Antonin Scalia Law School, George Mason University, on the Anti-Monopoly Commission of the State Council's Anti-Monopoly Guidelines again...

Wright, Joshua D. - 2017

This comment is submitted by the Global Antitrust Institute (GAI) at Scalia Law School, George Mason University in response to the Anti-Monopoly Commission of the State Council of the People's Republic of China's public consultation on its draft Anti-Monopoly Guidelines Against Abuse of...

Persistent link: https://www.econbiz.de/10012958710

Intellectual Property, Standards, and Antitrust : A New Life for the Essential Facilities Doctrine? Some Insights from the Chinese Regulation

Colangelo, Giuseppe - 2017

It is still controversial whether the intellectual property-antitrust interface should be viewed as a conflict or a finalistic convergence. The recent Chinese Regulation on the “Prohibition of Conduct Eliminating or Restricting Competition by Abusing Intellectual Property Rights” provides...

Persistent link: https://www.econbiz.de/10012969609

The Role of Design Choice in Intellectual Property and Antitrust Law

Dogan, Stacey L. - 2016

When is it appropriate for courts to second-guess decisions of private actors in shaping their business models, designing their networks, and configuring the (otherwise non-infringing) products that they offer to their customers? This theme appears periodically but persistently in intellectual...

Persistent link: https://www.econbiz.de/10012980089

Comment of the Global Antitrust Institute, George Mason University School of Law, on the Korea Fair Trade Commission’s Amendment to Its Review Guidelines on Unfair Exercise of Inte...

Wright, Joshua D. - 2016

This comment is submitted to Korea's Fair Trade Commission ("KFTC") by the Global Antitrust Institute (GAI) at George Mason University School of Law in response to the KFTC's December 16, 2015 amendments to its Review Guidelines on Unfair Exercise of Intellectual Property Rights. The GAI...

Persistent link: https://www.econbiz.de/10013002287