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The paper discusses the economic theory of international antitrust institutions. Economic theory shows that non-coordinated competition policies of regimes that are territorially smaller than the international markets on which business companies compete violate cross-border allocative efficiency...
Persistent link: https://www.econbiz.de/10013104192
The static model of competition, which dominates modern antitrust analysis, has served antitrust law well. Nonetheless, as commentators have observed, the static model ignores the impact that competitive (or anti-competitive) activities undertaken today will have upon future market conditions....
Persistent link: https://www.econbiz.de/10013105094
Cartels are illegal in India, as they are almost everywhere. They are subject to heavy fines. Why, then, do businesses frequently try to fix prices? Because doing so usually is profitable. On average cartels raise prices by more than 20%, and probably face less than a 25% chance of being caught...
Persistent link: https://www.econbiz.de/10013081128
In the inaugural issue of the Journal of Antitrust Enforcement, Mr. Wils published an article discussing the relationship between compliance programmes and competition law enforcement in the EU. This paper questions some aspects of Mr. Wils' analysis of compliance programmes, as well as some of...
Persistent link: https://www.econbiz.de/10013084196
For criminal violations of the Sherman Act, although guided by federal sentencing guidelines, U.S. Department of Justice has great latitude in recommending corporate cartel fines to the federal courts, and its recommendations are nearly always determinative. In this paper, we analyze the...
Persistent link: https://www.econbiz.de/10013085647
The following is a compilation of short book reviews I have prepared over the past two years for the World Competition Law & Economics Review or the Institute for Consumer Antitrust Studies, Loyola University Chicago School of Law website. In one case, the book discussed was published in 2010,...
Persistent link: https://www.econbiz.de/10013085786
Persistent link: https://www.econbiz.de/10013085822
We study the interaction of a firm that invests in research and, if successful, undertakes a practice to exploit the innovation, and an enforcer that sets legal standards, fines and accuracy. In this setting deterrence on actions interacts with deterrence on research. When the practice increases...
Persistent link: https://www.econbiz.de/10013086503
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
Professor Christina Bohannan's IP Misuse as Foreclosure enlightens the debate over the patent misuse doctrine's role in regulating intellectual property owners' ever-expanding claims. Presently, courts scrutinize licensing restrictions under the antitrust laws only after determining that the IP...
Persistent link: https://www.econbiz.de/10013088696