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Antitrust For Patent Pools: A Century Of Policy Evolution, Richard J. Gilbert Apr 2004

Antitrust For Patent Pools: A Century Of Policy Evolution, Richard J. Gilbert

Richard J Gilbert

This paper reviews the antitrust treatment of patent-pooling and cross-licensing arrangements from E. Bement & Sons v. National Harrow Co., decided in 1902, to the recent Department of Justice business review letters on the MPEG and DVD patent pools. I examine the factors that the courts identified as pertinent to the antitrust outcome and compare them to the competitive factors identified in the DOJ/FTC Antitrust Guidelines for the Licensing of Intellectual Property. Until recently, the competitive relationship of the patents was not a major determinant of the antitrust outcome in most cases. Instead, the courts have focused on restrictive licensing …


Small Liberal Arts Colleges, Fraternities, And Antitrust: Rethinking Hamilton College, Mark D. Bauer Jan 2004

Small Liberal Arts Colleges, Fraternities, And Antitrust: Rethinking Hamilton College, Mark D. Bauer

Mark D Bauer

Many colleges have abolished men's and women's fraternities, and many more plan to do so. Regardless of one's personal feelings towards fraternities, demands to shut down housing and cease dining operations raise important antitrust concerns. Because the fraternities offer competitive housing and food services, colleges are using their market power to eliminate business rivals.


Separating The Wheat From The Chaff: Restrictive Agreement In Light Of The Supreme Court’S Recent Decisions (In Hebrew), Michal Gal Jan 2004

Separating The Wheat From The Chaff: Restrictive Agreement In Light Of The Supreme Court’S Recent Decisions (In Hebrew), Michal Gal

Michal Gal

No abstract provided.


The Ecology Of Antitrust: Preconditions For Competition Law Enforcement In Developing Countries, Michal Gal Jan 2004

The Ecology Of Antitrust: Preconditions For Competition Law Enforcement In Developing Countries, Michal Gal

Michal Gal

The number of developing countries that have adopted a competition law has grown exponentially over the past two decades. Yet the mere adoption of a competition law is a necessary but not sufficient condition for it to be part of market reform. Just as ecological conditions determine the ability of a flower to bloom, so do some preconditions affect the ability to apply a competition law effectively. This study seeks to identify the ecology of antitrust in developing countries: the soil, sun, water and pesticides of competition law adoption and enforcement. In particular, it analyzes the socio-economic ideology (soil), the …