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Full-Text Articles in Law
Making Sense Of Nonsense: Intellectual Property, Antirtust, And Market Power, Ariel Katz
Making Sense Of Nonsense: Intellectual Property, Antirtust, And Market Power, Ariel Katz
Ariel Katz
While the economic rationale for intellectual property (“IP”) rights rests on the concepts of “monopoly” or market power,” the Supreme Court, in Illinois Tool Works v. Independent Ink, has recently joined a “virtual consensus” among antitrust commentators believing that no presumption of market power should exist in antitrust cases involving IP. This Article critically analyzes this consensus, and clarifies the relationship between IP and market power, shows why IP rights often do confer market power in the antitrust sense, but also explains why acknowledging this should not necessarily lead to oversized application of antitrust law to IP.
Pharmaceutical Lemons: Innovation And Regulation In The Drug Industry, Ariel Katz
Pharmaceutical Lemons: Innovation And Regulation In The Drug Industry, Ariel Katz
Ariel Katz
Before a new drug can be marketed the Food and Drug Administration must be satisfied that it is safe and effective. According to conventional wisdom, the cost and delay involved in this process diminish the incentives to invest in the development of new drugs. Accordingly, several reforms aimed at restoring such incentives have been implemented and others have been advocated. This paper challenges the central argument in the debate on the topic, namely that drug regulation and drug innovation are necessarily at odds with each other. Although intuitively appealing, the argument that drug regulation negatively affects the incentives to innovate …
Monopoly And Competition In The Collective Administration Of Public Performance Rights (In Hebrew), Ariel Katz
Monopoly And Competition In The Collective Administration Of Public Performance Rights (In Hebrew), Ariel Katz
Ariel Katz
In most countries the right to perform music in public is not administered individually by the copyright holders but collectively by Performing Rights Organizations (PROs). The common explanation for the proliferation of collective administration is that some aspects of copyright administrations are natural monopolies. It is often argued that individual administration is impracticable or at least uneconomical. Collective administration is therefore promoted as the most efficient method for licensing, monitoring and enforcing those rights. In addition, since the market is a natural monopoly, regulation, rather than an attempt to foster competition, is thought to be the optimal regulatory response. This …
A Network Effects Perspective On Software Piracy, Ariel Katz
A Network Effects Perspective On Software Piracy, Ariel Katz
Ariel Katz
The software industry frequently maintains that software piracy is no more than theft and a cause of huge losses. Courts and other policy makers easily adopt that straightforward argument. Surprisingly, however, many software publishers do not employ any technological measures to protect their software from piracy and many popular software products are distributed without any means of protection and are easily pirated. This lack of protection is puzzling; a solution for that puzzle is the focus of the article. The first part of the article challenges the conventional explanations that are usually given for the failure to protect software and …