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Articles 1 - 30 of 56
Full-Text Articles in Business
Teece's Competing Through Innovation, Herbert J. Hovenkamp
Teece's Competing Through Innovation, Herbert J. Hovenkamp
All Faculty Scholarship
This essay reviews David J. Teece's book, Competing Through Innovation: Technological Strategies and Antitrust Policies (2013).
Actavis And Error Costs: A Reply To Critics, Aaron S. Edlin, C. Scott Hemphill, Herbert J. Hovenkamp, Carl Shapiro
Actavis And Error Costs: A Reply To Critics, Aaron S. Edlin, C. Scott Hemphill, Herbert J. Hovenkamp, Carl Shapiro
All Faculty Scholarship
The Supreme Court’s opinion in Federal Trade Commission v. Actavis, Inc. provided fundamental guidance about how courts should handle antitrust challenges to reverse payment patent settlements. In our previous article, Activating Actavis, we identified and operationalized the essential features of the Court’s analysis. Our analysis has been challenged by four economists, who argue that our approach might condemn procompetitive settlements.
As we explain in this reply, such settlements are feasible, however, only under special circumstances. Moreover, even where feasible, the parties would not actually choose such a settlement in equilibrium. These considerations, and others discussed in the reply, serve to …
Public Good Economics And Standard Essential Patents, Christopher S. Yoo
Public Good Economics And Standard Essential Patents, Christopher S. Yoo
All Faculty Scholarship
Standard essential patents have emerged as a major focus in both the public policy and academic arenas. The primary concern is that once a patented technology has been incorporated into a standard, the standard can effectively insulate it from competition from substitute technologies. To guard against the appropriation of quasi-rents that are the product of the standard setting process rather than the innovation itself, standard setting organizations (SSOs) require patentholders to disclose their relevant intellectual property before the standard has been adopted and to commit to license those rights on terms that are fair, reasonable, and non-discriminatory (FRAND).
To date …
Framing A Purpose For Corporate Law, William W. Bratton
Framing A Purpose For Corporate Law, William W. Bratton
All Faculty Scholarship
This article seeks to frame a short statement of purpose for corporate law on which all reasonable observers can agree. The statement, in order to succeed at its intended purpose, must satisfy two strict conditions: first, it must have enough content to be meaningful; second, it must be completely uncontroversial, both descriptively and normatively. The exercise, thus described, involves avoiding the issues that occupy center stage in discussions about corporate law while at the same time highlighting the discussants’ generally held presuppositions. Three closely interconnected issues arise. First, whether the statement of the purpose of corporate law should speak in …
U.S. Vs. European Broadband Deployment: What Do The Data Say?, Christopher S. Yoo
U.S. Vs. European Broadband Deployment: What Do The Data Say?, Christopher S. Yoo
All Faculty Scholarship
As the Internet becomes more important to the everyday lives of people around the world, commentators have tried to identify the best policies increasing the deployment and adoption of high-speed broadband technologies. Some claim that the European model of service-based competition, induced by telephone-style regulation, has outperformed the facilities-based competition underlying the US approach to promoting broadband deployment. The mapping studies conducted by the US and the EU for 2011 and 2012 reveal that the US led the EU in many broadband metrics.
• High-Speed Access: A far greater percentage of US households had access to Next Generation Access (NGA) …
Competition Policy And The Technologies Of Information, Herbert J. Hovenkamp
Competition Policy And The Technologies Of Information, Herbert J. Hovenkamp
All Faculty Scholarship
When we speak about information and competition policy we are usually thinking about oral or written communications that have an anticompetitive potential, and mainly in the context of collusion of exclusionary threats. These are important topics. Indeed, among the most difficult problems that competition policy has had to confront over the years is understanding communications that can be construed as either threats to exclude or as offers to collude or facilitators of collusion.
My topic here, however, is the relationship between information technologies and competition policy. Technological change can both induce and undermine the use of information to facilitate anticompetitive …
Single Point Of Entry And The Bankruptcy Alternative, David A. Skeel Jr.
Single Point Of Entry And The Bankruptcy Alternative, David A. Skeel Jr.
All Faculty Scholarship
This Essay, which will appear in Across the Great Divide: New Perspectives on the Financial Crisis, a Brookings Institution and Hoover Institution book, begins with a brief overview of concerns raised by the Lehman Brothers bankruptcy about the adequacy of our existing architecture for resolving the financial distress of systemically important financial institutions. The principal takeaway of the first section is that Title II as enacted left most of these issues unanswered. By contrast, the FDIC’s new single point of entry strategy, which is introduced in the second section, can be seen as addressing nearly all of them. The …
Response To Questions In The First White Paper, 'Modernizing The Communications Act', Randolph J. May, Richard A. Epstein, Justin (Gus) Hurwitz, Daniel Lyons, James B. Speeta, Christopher S. Yoo
Response To Questions In The First White Paper, 'Modernizing The Communications Act', Randolph J. May, Richard A. Epstein, Justin (Gus) Hurwitz, Daniel Lyons, James B. Speeta, Christopher S. Yoo
All Faculty Scholarship
The House Energy and Commerce Committee has begun a process to review and update the Communications Act of 1934, last revised in any material way in 1996. As the Committee begins the review process, this paper responds to questions posed by the Committee that all relate, in fundamental ways, to the question: "What should a modern Communications Act look like?"
The Response advocates a "clean slate" approach under which the regulatory silos that characterize the current statute would be eliminated, along with almost all of the ubiquitous 'public interest' delegation of authority found throughout the Communications Act. The replacement regime …
Harm To Competition Under The 2010 Horizontal Merger Guidelines, Herbert J. Hovenkamp
Harm To Competition Under The 2010 Horizontal Merger Guidelines, Herbert J. Hovenkamp
All Faculty Scholarship
In August, 2010, the Antitrust Division and the Federal Trade Commission issued new Guidelines for assessing the competitive effects of horizontal mergers under the antitrust laws. These Guidelines were long awaited not merely because of the lengthy interval between them and previous Guidelines but also because enforcement policy had drifted far from the standards articulated in the previous Guidelines. The 2010 Guidelines are distinctive mainly for two things. One is briefer and less detailed treatment of market delineation. The other is an expanded set of theories of harm that justify preventing mergers or reversing mergers that have already occurred.
The …
Big Banks And Business Method Patents, Megan M. La Belle, Heidi Mandanis Schooner
Big Banks And Business Method Patents, Megan M. La Belle, Heidi Mandanis Schooner
University of Pennsylvania Journal of Business Law
No abstract provided.
The Paradoxes Of Secured Lending: Is There A Less Uneasy Case For The Priority Of Secured Claims In Bankruptcy?, Wei Zhang
University of Pennsylvania Journal of Business Law
No abstract provided.
Title Vii Religious Discrimination And Contemporary Socio-Religious Issues In A Post-9/11 America: The Scope And Shortcomings Of Religious Discrimination Protection Under Title Vii, Prerna Soni
University of Pennsylvania Journal of Business Law
No abstract provided.
Of Gangs And Gaggles: Can A Corporation Be Part Of An Association-In-Fact Rico Enterprise? Linguistic, Historical And Rhetorical Perspectives, Randy D. Gordon
Of Gangs And Gaggles: Can A Corporation Be Part Of An Association-In-Fact Rico Enterprise? Linguistic, Historical And Rhetorical Perspectives, Randy D. Gordon
University of Pennsylvania Journal of Business Law
No abstract provided.
Separation Anxiety: A Cautious Endorsement Of The Independent Board Chair, Lisa Fairfax
Separation Anxiety: A Cautious Endorsement Of The Independent Board Chair, Lisa Fairfax
All Faculty Scholarship
This Article critically examines the competing arguments related to splitting the roles of CEO and board chair. Although the campaign for independent board chairs has received increased attention from shareholders and regulators, there has been very little academic analysis of such campaign. This Article seeks to fill this void not only by examining the campaign, but also by assessing its implications in light of the available empirical evidence and normative claims. Based on this assessment, this Article offers two conclusions. First, while there appear to be costs associated with splitting the roles of CEO and board chair, those costs likely …
Remic Tax Enforcement As Financial-Market Regulator, Bradley T. Borden, David J. Reiss
Remic Tax Enforcement As Financial-Market Regulator, Bradley T. Borden, David J. Reiss
University of Pennsylvania Journal of Business Law
No abstract provided.
10b5-1 Plans: Obscuring The "Smoking Gun" And Proposals For Change, Jane Trueper
10b5-1 Plans: Obscuring The "Smoking Gun" And Proposals For Change, Jane Trueper
University of Pennsylvania Journal of Business Law
No abstract provided.
The Role-Modeling Bfoq: Court Confusion And Educational Promise, Benjamin O. Hoerner
The Role-Modeling Bfoq: Court Confusion And Educational Promise, Benjamin O. Hoerner
University of Pennsylvania Journal of Business Law
No abstract provided.
Inequitable Conduct And Walker Process Claims After Therasense And The America Invents Act, Gideon Mark, T. Leigh Anenson
Inequitable Conduct And Walker Process Claims After Therasense And The America Invents Act, Gideon Mark, T. Leigh Anenson
University of Pennsylvania Journal of Business Law
No abstract provided.
The Enigma Of The Single Entity, Mark Anderson
The Enigma Of The Single Entity, Mark Anderson
University of Pennsylvania Journal of Business Law
No abstract provided.
In Defense Of Snooping Employers, Jessica K. Fink
In Defense Of Snooping Employers, Jessica K. Fink
University of Pennsylvania Journal of Business Law
No abstract provided.
Equal Protection, Preemption, And The Need For Uniform Regulation Of Nonimmigrant Aliens' Ability To Obtain Professional Licenses, Maxwell Blum
University of Pennsylvania Journal of Business Law
No abstract provided.
Guarding The Guardians: The Case For Regulating State-Owned Entities In Global Finance, Stephen Kim Park
Guarding The Guardians: The Case For Regulating State-Owned Entities In Global Finance, Stephen Kim Park
University of Pennsylvania Journal of Business Law
No abstract provided.
Re-Envisioning The Controlling Shareholder Regime: Why Controlling Shareholders And Minority Shareholders Often Embrace, Sang Yop Kang
Re-Envisioning The Controlling Shareholder Regime: Why Controlling Shareholders And Minority Shareholders Often Embrace, Sang Yop Kang
University of Pennsylvania Journal of Business Law
No abstract provided.
When A Bailout Is A Taking: Can Takings Solve The Problem Of The Government As Controlling Shareholder?, Andrew J. Morris
When A Bailout Is A Taking: Can Takings Solve The Problem Of The Government As Controlling Shareholder?, Andrew J. Morris
University of Pennsylvania Journal of Business Law
No abstract provided.
The New Macroprudential Reform Paradigm: Can It Work?, Miriam F. Weismann, Jason H. Peterson, Christopher A. Buscaglia
The New Macroprudential Reform Paradigm: Can It Work?, Miriam F. Weismann, Jason H. Peterson, Christopher A. Buscaglia
University of Pennsylvania Journal of Business Law
No abstract provided.
Performance-Sensitive Debt: From Asset-Based Loans To Startup Financing, Houman B. Shadab
Performance-Sensitive Debt: From Asset-Based Loans To Startup Financing, Houman B. Shadab
University of Pennsylvania Journal of Business Law
No abstract provided.
Death Of The Secondary Video-Game Market: Natural Causes, Or Euthanasia?, Mathew Golden
Death Of The Secondary Video-Game Market: Natural Causes, Or Euthanasia?, Mathew Golden
University of Pennsylvania Journal of Business Law
No abstract provided.
Pensioners, Bondholders, And Unfair Discrimination In Municipal Bankruptcy, Andrew B. Dawson
Pensioners, Bondholders, And Unfair Discrimination In Municipal Bankruptcy, Andrew B. Dawson
University of Pennsylvania Journal of Business Law
No abstract provided.
The Problems And Promise Of “Enhanced Business Judgment”, Mary Siegel
The Problems And Promise Of “Enhanced Business Judgment”, Mary Siegel
University of Pennsylvania Journal of Business Law
No abstract provided.