Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Antitrust (1)
- Antitrust Litigation (1)
- Antitrust consent decrees (1)
- Antitrust remedies (1)
- Concerted action (1)
-
- Conscious parallelism (1)
- Globalization (1)
- ICN (1)
- In re Flat Glass Antitrust Litigation (1)
- In re High Fructose Corn Syrup Antitrust Litigation (1)
- International antitrust (1)
- International relations theory (1)
- Licensing (1)
- Matsushita (1)
- Microsoft (1)
- OECD (1)
- Oliver Black (1)
- Protocol (1)
- Sherman Act (1)
- UNCTAD (1)
- United States v. Microsoft (1)
- Williamson Oil Co. v. Philip Morris USA (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Software Development As An Antitrust Remedy: Lessons From The Enforcement Of The Microsoft Communications Protocol Licensing Requirement, William H. Page, Seldon J. Childers
Software Development As An Antitrust Remedy: Lessons From The Enforcement Of The Microsoft Communications Protocol Licensing Requirement, William H. Page, Seldon J. Childers
UF Law Faculty Publications
An important provision in each of the final judgments in the government's Microsoft antitrust case requires Microsoft to "make available" to software developers the communications protocols that Windows client operating systems use to interoperate "natively" (that is, without adding software) with Microsoft server operating systems in corporate networks or over the Internet. The short-term goal of the provision is to allow developers, as licensees of the protocols, to write applications for non-Microsoft server operating systems that interoperate with Windows client computers in the same ways that applications written for Microsoft's server operating systems interoperate with Windows clients. The long-term goal …
Communication And Concerted Action, William H. Page
Communication And Concerted Action, William H. Page
UF Law Faculty Publications
It is a familiar scenario in U.S. antitrust litigation: The plaintiffs allege that a pattern of identical pricing (or refusals to deal) is "concerted" and therefore per se illegal; the defendant responds that the practice is merely "consciously parallel" or "interdependent" and therefore legal. Under U.S. law, to avoid summary judgment or judgment as a matter of law, a plaintiff must produce a "plus factor," evidence that "tends to exclude the possibility" that the defendants' actions were merely interdependent. Courts have identified various plus factors -- for example, evidence that the alleged conduct was against the defendant's interest unless it …
Workable Antitrust Remedies, William H. Page
Workable Antitrust Remedies, William H. Page
UF Law Faculty Publications
Just over twenty years ago, Frank Easterbrook proposed renaming the Chicago School of antitrust analysis the “Workable Antitrust Policy School,” in recognition of its skepticism about “the ability of courts to make things better even with the best data.” Richard Epstein's brief study of consent decrees is in this tradition of circumspection in antitrust matters. Epstein proposes to analyze “the role consent decrees play in the antitrust law” by examining “the factual and legal disputes that gave rise” to various decrees. He finds many decrees of the past century misguided in their ambition, but concludes, on the evidence of the …
Monopolists Without Borders: The Institutional Challenge Of International Antitrust In A Global Gilded Age, D. Daniel Sokol
Monopolists Without Borders: The Institutional Challenge Of International Antitrust In A Global Gilded Age, D. Daniel Sokol
UF Law Faculty Publications
Antitrust has entered a gilded age of increased international domestic legislatures, courts, and agencies, and the market as an institution. Existing institutions each have limitations in their ability to address any of the issues in international antitrust exclusively. This Article argues that the ICN is the institution best suited to address these issues. This approach may assist to identify other regulatory areas in which an ICN modeled "soft law" transnational institutional choice may prove to be the most effective way to address international issues.