Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Entire DC Network
Guideline Institutionalization: The Role Of Merger Guidelines In Antitrust Discourse, Hillary Greene
Guideline Institutionalization: The Role Of Merger Guidelines In Antitrust Discourse, Hillary Greene
William & Mary Law Review
With the growth of the administrative state, agency-promulgated enforcement policy statements, typically referred to as guidelines, have become ubiquitous in the U.S. federal system. Yet, the actual usage and impact of such guidelines is poorly understood. Often the issuing agencies declare the guidelines to be nonbinding, even for themselves. Notwithstanding this disclaimer, the government, private parties, and even the courts frequently rely on the guidelines in a precedent-like manner. In this Article, Professor Greene examines the evolution of one system of enforcement policy guidelines-the U.S. federal antitrust merger guidelines--and finds that these guidelines have acted as a stealth force on …
The Procompetitive Interest In Intellectual Property Law, Thomas F. Cotter
The Procompetitive Interest In Intellectual Property Law, Thomas F. Cotter
William & Mary Law Review
When government recognizes intellectual property (IP) rights, it is often viewed as sanctioning the existence of private "monopolies," in contrast to the general antimonopoly thrust of the antitrust laws. And yet, on occasion IP law itself condemns conduct on the part of IP owners-or excuses otherwise infringing activity on the part of IP defendants-expressly for the purpose of promoting competition. It does so even though antitrust law -if one were to apply it at all under analogous circumstances-would not find anticompetitive harm without conducting a more thorough analysis of whether the antitrust defendant possesses power over a well-defined market. Salient …
The Elephant In The Courtroom: Litigating The Premerger Fix In Arch Coal And Beyond, Katherine A. Ambrogi
The Elephant In The Courtroom: Litigating The Premerger Fix In Arch Coal And Beyond, Katherine A. Ambrogi
William & Mary Law Review
No abstract provided.