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, which underpins most of contemporary antitrust law, effectively amounts to an unwarranted blanket exemption from liability …
Persistent link: https://www.econbiz.de/10013225189
This chapter deals with cartel fines as sanctions to deter cartelization. The concept of cartel fines as a deterrent is based on the premise that a potential cartelist will refrain from joining a cartel if the expected fine will exceed or at least offset any cartel gains. Based on a simple...
Persistent link: https://www.econbiz.de/10013226966
Market definition remains a critical part of most antitrust cases, despite attempts to obviate it. While many commentators have argued that a particular policy change may theoretically broaden or narrow antitrust markets, and thereby affect substantive antitrust enforcement, none has empirically...
Persistent link: https://www.econbiz.de/10013238303
This paper focuses on the genesis, taxonomy and timeline of U.S. criminal antitrust investigations, and uses time-series data on enforcement to examine the interrelationships between the various criminal enforcement variables as well as the linkages between criminal and civil enforcement. The...
Persistent link: https://www.econbiz.de/10014026393
The present paper analyzes the interaction between the economic review of the probition of abuses of a dominant position (Article 82 EC) on the one hand and the efforts to enhance private enforcement of competition law through private damage claims on the other hand. The paper argues that...
Persistent link: https://www.econbiz.de/10013134375
This paper considers the effect of taxes on the definition of relevant markets in antitrust analysis by examining various measures used within the hypothetical monopoly test. We show that the use of net margins (between producer prices and marginal cost) is a proper correction, but that it is...
Persistent link: https://www.econbiz.de/10013136756
Innovations typically rely on multiple inventions which, in turn, frequently are subject to multiple patents or patent applications. In such cases, fragmentation of patent ownership introduces obstacles that may significantly hinder innovation. Patent pools constitute one potential mechanism to...
Persistent link: https://www.econbiz.de/10013099871
levels: first as a gap filler, i.e., to help explain “real world” evidence that neoclassical economic theory cannot explain …
Persistent link: https://www.econbiz.de/10013103703
The essay develops a new approach for antitrust analysis of pay-for-delay settlements in pharmaceutical patent infringement cases, an approach that shows them to be presumptively prohibited agreements in restraint of competition. The issue is timely in light of the Watson v FTC case now pending...
Persistent link: https://www.econbiz.de/10013088436
In August 2011, the United States brought a landmark antitrust lawsuit to prevent the merger of two of the nation's four largest mobile wireless telecommunications services providers, AT&T Inc. and T‑Mobile USA, Inc. But why are so many elected officials asking the Obama administration to...
Persistent link: https://www.econbiz.de/10013067307