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We have two conceptions of the relationship between antitrust and patent: in tension or complementary. In reality, both conceptions have an element of truth; the relationship is multidimensional. The relationship between antitrust law and patent law involves a series of trade-offs: How much...
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Antitrust law condemns price-fixing cartels and seeks to encourage private suits against the conspirators by automatically trebling antitrust damages and by providing for joint and several liability. Because the Supreme Court has held that there is no right to contribution among antitrust...
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Antitrust law has long condemned tying arrangements when they are imposed by a single dominant firm. However, tying jurisprudence does not recognize that tie-ins can also occur as the result of a conspiracy among competitors. Consequently, antitrust doctrine fails to appreciate the unique...
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Antitrust law is designed to deter and dismantle price-fixing cartels. The success of the antitrust regime depends on courts being able to recognize price fixing and to hold price fixers accountable. Unfortunately, federal courts often do not appreciate the mechanics of cartelization, which...
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The Standard Oil case continues to inform many aspects of current antitrust policy. Part of Standard Oil's significance, however, has been lost over time. The Supreme Court condemned a range of conduct by the Standard Oil Company as anticompetitive, including predatory pricing. Predatory pricing...
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Because it is taught infrequently, the full text of Chapter 8 of our antitrust casebook, on the Robinson-Patman Act, is now posted online and free for anyone to use. This chapter covers all issues related to secondary-line enforcement, the "cost justification," "meeting competition," and other...
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