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Articles 1 - 9 of 9
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Antitrust, Health Care Quality, And The Courts, Peter J. Hammer, William M. Sage
Antitrust, Health Care Quality, And The Courts, Peter J. Hammer, William M. Sage
Faculty Scholarship
Antitrust law represents the principal legal tool that the United States employs to police private markets, yet it often relegates quality and nonprice considerations to a secondary position. While antitrust law espouses the belief that vigorous competition will enhance quality as well as price, little evidence exists of the practical ability of courts to deliver on that promise. In this Article, Professors Hammer and Sage examine American health care as a vehicle for advancing understanding of the nexus among competition, quality, and antitrust law. The Article reports the results of a comprehensive empirical review of judicial opinions in health care …
Beyond Napster: Using Antitrust Law To Advance And Enhance Online Music Distribution, Frank Pasquale, Matthew Fagin, Kim Weatherall
Beyond Napster: Using Antitrust Law To Advance And Enhance Online Music Distribution, Frank Pasquale, Matthew Fagin, Kim Weatherall
Faculty Scholarship
No abstract provided.
Beyond Napster: Using Antitrust Law To Advance And Enhance Online Music Distribution, Matthew Fagin, Frank Pasquale, Kim Weatherall
Beyond Napster: Using Antitrust Law To Advance And Enhance Online Music Distribution, Matthew Fagin, Frank Pasquale, Kim Weatherall
Faculty Scholarship
What should be the broad principles guiding the copyright and competition policy governing online music? In short, what are the key concerns or values that we want preserved in relation to the distribution of music online? We will outline the background to the present investigations and existing law in Part I and argue in Part II that these concerns can be encapsulated in two broad areas: (1) the preservation of some scope for private and personal use and (2) the encouragement and growth of a diverse sector for the distribution of copyrighted works online. We also argue that, at least …
It's A Question Of Market Access, Kyle W. Bagwell, Robert W. Staiger, Petros C. Mavroidis
It's A Question Of Market Access, Kyle W. Bagwell, Robert W. Staiger, Petros C. Mavroidis
Faculty Scholarship
In this paper, we argue that market access issues associated with the question of the optimal mandate of the World Trade Organization should be separated from nonmarket access issues. We identify race-to-the-bottom and regulatory-chill concerns as market access issues and suggest that the WTIO should address these concerns. We then describe ways that WTO principles and procedures might be augmented to do so. As for nonmarket access issues, we argue that as a general matter these are best handled outside the WTO, and that, while implicit links might be encouraged, explicit links between the WTO and other labor and environmental …
Loewen V. United States: Trials And Errors Under Nafta Chapter Eleven, William S. Dodge
Loewen V. United States: Trials And Errors Under Nafta Chapter Eleven, William S. Dodge
Faculty Scholarship
No abstract provided.
Antitrust And The Costs Of Standard-Setting: A Commentary On Teece & (And) Sherry Symposium: The Interface Between Intellectual Property Law And Antitrust Law: Commentary, Mark R. Patterson
Antitrust And The Costs Of Standard-Setting: A Commentary On Teece & (And) Sherry Symposium: The Interface Between Intellectual Property Law And Antitrust Law: Commentary, Mark R. Patterson
Faculty Scholarship
The creation of an industry standard is a process that has much in common with the creation of a patented invention. Indeed, if standards are not patentable, it is only because of certain doctrinal peculiarities of patent law. It is therefore important to preserve the incentives for organizations to incur the costs of standard-setting activity, so that society may gain the benefits of the resulting standards. The law can preserve those incentives by treating the contributions of industry standards as distinct from those of inventions that are incorporated in them. More specifically, antitrust law should ensure that the patentees of …
Law And Regulatory Competition: Can They Co-Exist?, John C. Coffee Jr.
Law And Regulatory Competition: Can They Co-Exist?, John C. Coffee Jr.
Faculty Scholarship
It is possible to read Stephen Choi's article with admiration and enjoyment – until a critical point is reached at its very end. In an analysis that is balanced, nuanced, and thorough, Professor Choi initially reviews the recent debate over the role of law in fostering the development of financial markets. As others have also concluded, he finds a correlation between quality of law and financial development. At a few points, he may accept too easily the claim that the common law is superior to the civil law in fostering economic growth, without adequately considering the problem of multicollinearity that …
Economic Development, Competition Policy, And The World Trade Organization, Bernard Hoekman, Petros C. Mavroidis
Economic Development, Competition Policy, And The World Trade Organization, Bernard Hoekman, Petros C. Mavroidis
Faculty Scholarship
At the recent WTO ministerial meeting in Doha, Qatar, WTO members called for the launch of negotiations on disciplines relating to competition, on the basis of explicit consensus on modalities to be agreed at the 5th WTO ministerial in 2003. Discussions in WTO since 1997 have revealed little support for ambitious multilateral action. Proponents of WTO antitrust disciplines currently propose an agreement that is limited to ‘core principles’ – nondiscrimination, transparency, and provisions banning ‘hard core’ cartels. We argue that an agreement along such lines will create compliance costs for developing countries while not addressing the anticompetitive behavior of firms …
Reply To Grimes: Illusory Distinctions And Schisms In Tying Law, Keith N. Hylton, Michael Salinger
Reply To Grimes: Illusory Distinctions And Schisms In Tying Law, Keith N. Hylton, Michael Salinger
Faculty Scholarship
We applaud Professor Grimes's thoughtful analysis of the D.C. Circuit's decision in United States v. Microsoft (Microsoft III) and of our article. Professor Grimes has entered into precisely the debate that we argued should lay the foundation for the law on tying. In addition, one of Professor Grimes's themes is that the issues of tying law cannot be viewed in isolation but, instead, within a coherent philosophy of antitrust. We agree with him on that principle.