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Proportional Restraints in Horizontal Patent Settlements
Hovenkamp, Erik - 2020
Competitors embroiled in a patent dispute always prefer to preserve and share monopoly profits, even if the patent is likely invalid. Antitrust has come to embrace a policy that requires horizontal settlements to be "proportional" in the sense that their anticompetitive effects are commensurate...
Persistent link: https://www.econbiz.de/10012851220
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Innovation Competition, Unilateral Effects and Merger Policy
Petit, Nicolas - 2020
post-merger R&D efforts (including lower expenditure). SIEIC is distinct from the mainstream unilateral effects theory of … analysis lies a fundamental question of competition theory: under what conditions can variations of existing economic models be … applied in merger cases? This paper is divided into three sections. In Section I, the SIEIC theory of harm is described and …
Persistent link: https://www.econbiz.de/10012852989
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Proportional Restraints in Horizontal Patent Settlements
Hovenkamp, Erik - 2020
When rivals settle a patent dispute, they prefer to preserve the full monopoly profit, even if the patent is very likely invalid. The literature advocates comparing settlement outcomes to the expected result of litigation, but has not identified a comprehensive means of doing this. We show that...
Persistent link: https://www.econbiz.de/10012853851
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Re-Pricing Through Disruption in Oligopolies with Tacit Collusion : A Framework for Abuse of Collective Dominance
Petit, Nicolas - 2020
This paper proposes an understanding of abuse of collective dominance or shared monopolization that does not outlaw oligopolistic tacit collusion as such, but that reputes abusive a set of tactics adopted by tacitly colluding oligopolists exposed to disruption. As much as deviation is an...
Persistent link: https://www.econbiz.de/10012856167
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Optimal Enforcement of Competition Policy : The Commitments Procedure Under Uncertainty
Gautier, Axel - 2020
Since the introduction of a formal commitments procedure in EU antitrust policy (Article 9 of Council Regulation 1/2003), the European Commission has extensively settled cases of alleged anticompetitive practices. In this paper, we use a formal model of law enforcement (Bebchuk, 1984; Shavell, 1988)...
Persistent link: https://www.econbiz.de/10012856496
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Facilitating Competition by Remedial Regulation
Garcia, Kristelia - 2016
Persistent link: https://www.econbiz.de/10012991958
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Vertical Restraints (or Restrictions)
Marco Colino, Sandra - 2021
This paper explores the concept of vertical restraints or restrictions. It includes references to the competition law regimes of the European Union (EU), United States (US), and the People's Republic of China, as well as the key case law. It is part of the Concurrences' Global Dictionary of...
Persistent link: https://www.econbiz.de/10013216826
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Algorithmic Consumers
Gal, Michal - 2017
The next generation of e-commerce will be conducted by digital agents, based on algorithms that will not only make purchase recommendations, but will also predict what we want, make purchase decisions, negotiate and execute the transaction for the consumers, and even automatically form...
Persistent link: https://www.econbiz.de/10012967293
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Schumpeterian Competition and Antitrust
Hovenkamp, Herbert - 2014
Joseph Schumpeter's vision of competition saw it as a destructive process in which effort, assets and fortunes were continuously destroyed by innovation. One possible implication is that antitrust's attention on short-run price and output issues is myopic: what seems at first glance to be a...
Persistent link: https://www.econbiz.de/10014214277
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The Smallest Salable Patent-Practicing Unit ('SSPPU') Experiment, General Purpose Technologies and the Coase Theorem
Petit, Nicolas - 2016
In the last years, some Standard-Setting Organizations (“SSOs”) active in wireless communications have experimented new pricing principles for standard essential patents (“SEPs”). One of those experiments is the “SSPPU” rule. Under SSPPU, the licensing rates paid to owners of SEPs...
Persistent link: https://www.econbiz.de/10014129358