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Full-Text Articles in Law
The Tethered Economy, Aaron K. Perzanowski, Chris Jay Hoofnagle, Aniket Kesari
The Tethered Economy, Aaron K. Perzanowski, Chris Jay Hoofnagle, Aniket Kesari
Faculty Publications
Imagine a future in which every purchase decision is as complex as choosing a mobile phone. What will ongoing service cost? Is it compatible with other devices you use? Can you move data and applications across de- vices? Can you switch providers? These are just some of the questions one must consider when a product is “tethered” or persistently linked to the seller. The Internet of Things, but more broadly, consumer products with embedded software, are already tethered. While tethered products bring the benefits of connection, they also carry its pathologies. As sellers blend hardware and software—as well as product …
Antitrust Immunity, The First Amendment & Settlements: Defining The Boundaries Of The Right To Petition, Raymond Shih Ray Ku
Antitrust Immunity, The First Amendment & Settlements: Defining The Boundaries Of The Right To Petition, Raymond Shih Ray Ku
Faculty Publications
Specifically, this Article examines whether settlement agreements and consent decrees resulting from what would otherwise be immunized litigation are protected from antitrust scrutiny and liability under Noerr. In order to conduct this analysis, this Article develops a methodology for determining immunity by focusing the immunity examination upon the means used to petition government and the source of the alleged injuries. Ultimately, private conduct is immune from antitrust scrutiny when it represents a valid attempt to persuade an independent governmental decision-maker in an effort to solicit government action, and the alleged injuries result from that persuasive effort. The validity of any …
The Supreme Court And Antitrust Analysis: The Near Triumph Of The Chicago School, Peter M. Gerhart
The Supreme Court And Antitrust Analysis: The Near Triumph Of The Chicago School, Peter M. Gerhart
Faculty Publications
No abstract provided.
The Competitive Advantages Explanation For Interbrand Restraints: An Antitrust Analysis, Peter M. Gerhart
The Competitive Advantages Explanation For Interbrand Restraints: An Antitrust Analysis, Peter M. Gerhart
Faculty Publications
This article argues that antitrust doctrine concerning intrabrand restrictions is unsatisfactory because the economic theory of intrabrand restrictions has been only partially developed and articulated. An unfilled and largely unacknowledged analytical gap exists between the view that intrabrand restraints are generally anticompetitive and the view that intrabrand restraints are generally efficiency-producing. That gap is the failure to explore how a manufacturer benefits from intrabrand restraints other than by increasing the profitability of his dealers. This article attempts to fill that gap by drawing on the theory of imperfect competition to explain why manufacturers find it profitable to restrict intrabrand competition …
The New York Stock Exchange Minimum Commission Rate Structure: Antitrust On Wall Street, Paul C. Giannelli
The New York Stock Exchange Minimum Commission Rate Structure: Antitrust On Wall Street, Paul C. Giannelli
Faculty Publications
No abstract provided.