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The Market Power Model of Contract Formation : How Outmoded Economic Theory Still Distorts Antitrust Doctrine

Meese, Alan J. - 2013

Persistent link: https://www.econbiz.de/10013078394

Kaplow, Louis - 2016

Market power is the most important determinant of liability in competition law cases throughout the world. Yet fundamental questions on the relevance of market power are underanalyzed, if examined at all: When and why should we inquire into market power? How much should we require? Should market...

Persistent link: https://www.econbiz.de/10011581951

The Effective Competition Standard : A New Standard for Antitrust

Steinbaum, Marshall - 2020

America's failing antitrust system is, in large part, to blame for today's market power problem. Lax antitrust law and enforcement have allowed troubling trends like corporate consolidation to remain unchallenged, further embedding our skewed economy. In highly consolidated markets, consumers...

Persistent link: https://www.econbiz.de/10012850758

Patent Deception in Standard Setting : The Case for Antitrust Policy

Hovenkamp, Herbert - 2013

Many patent applications are rejected upon initial submission, but they are almost never rejected with absolute finality. Further, subsequent to filing its original application a patent applicant might wish to write an application with broader or somewhat different claims, or perhaps add claims...

Persistent link: https://www.econbiz.de/10014217855

Whither Symmetry? Antitrust Analysis of Intellectual Property Rights at the FTC and DOJ

Wright, Joshua D. - 2013

In modern antitrust law, intellectual and other forms of property have been treated symmetrically as a matter of principle. Recent actions by the Federal Trade Commission and Antitrust Division of the Department of Justice, however, sound a departure from this salutary principle of symmetry. In...

Persistent link: https://www.econbiz.de/10013071965

The Antitrust and Intellectual Property Intersection in European Union Law

Petit, Nicolas - 2018

is perhaps the common assumption that a unifying substantive perspective, vision or theory on IPR underpins the … intersection point reached by the antitrust case-law. Whilst the theory of “absolutism” can be quickly disposed of, several other … unitary theory which, in turn, bespeaks the Court's vision of the social function of IPRs. Instead, the main feature of the …

Persistent link: https://www.econbiz.de/10012935999

Rescuing Antitrust’s Role in Patent Holdup

Carrier, Michael A. - 2020

Standards, common platforms allowing products to work together, are ubiquitous in our economy. But imagine that a company:(1) has a patent needed to use a standard, (2) promises to license the patent on reasonable terms, and then (3) says it was just kidding as it seeks to block the product or...

Persistent link: https://www.econbiz.de/10012831378

How antitrust enforcement can spur innovation : bell labs and the 1956 consent decree

Watzinger, Martin; Fackler, Thomas; Nagler, Markus; … - 2017

We study the 1956 consent decree against the Bell System to investigate whether patents held by a dominant firm are harmful for innovation and if so, whether compulsory licensing can provide an effective remedy. The consent decree settled an antitrust lawsuit that charged Bell with having...

Persistent link: https://www.econbiz.de/10011610914

Judge Douglas Ginsburg Interviews Makan Delrahim on Intellectual Property and Antitrust

Ginsburg, Douglas H. - 2018

Makan Delrahim, the Assistant Attorney General for Antitrust at the U.S. Department of Justice, delivered the keynote address at the LeadershIP Conference on IP, Antitrust, and Innovation Policy, which was co-sponsored by Competition Policy International. Following up on that discussion, Mr....

Persistent link: https://www.econbiz.de/10012915063

Patents and Antitrust : Application to Adjacent Markets

Economides, Nicholas; Hebert, William N. - 2013

with the patented invention. Economic theory suggests that it is inappropriate to immunize a patent holder from antitrust …

Persistent link: https://www.econbiz.de/10014048376