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Articles 1 - 11 of 11
Full-Text Articles in Law
Beyond Microsoft: Intellectual Property, Peer Production And The Law’S Concern With Market Dominance., Daryl Lim
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Relaxing The Noose Around Tying Arrangements: Reifert V. South Central Wisconsin Mls Corp. Exposes Problems With The Per Se Analysis, Paul C. Mallon Jr.
Relaxing The Noose Around Tying Arrangements: Reifert V. South Central Wisconsin Mls Corp. Exposes Problems With The Per Se Analysis, Paul C. Mallon Jr.
Seventh Circuit Review
The U.S. Supreme Court has employed the per se standard for illegality of tying arrangements under antitrust laws for some sixty years. The tying arrangement, once reviled by the House of Representatives as "one of the greatest agencies and instrumentalities of monopoly ever devised by man," is now understood by many to have potentially redeeming, as well as condemning, qualities. As a result, scholars and judges alike have decried the per se standard as ineffective and called for its abandonment. However, the Supreme Court continues to endorse the per se standard when assessing tying arrangements. The Seventh Circuit, like other …
Broadcasting The 2006 World Cup: The Right Of Arab Fans Versus Art Exclusivity, Bashar H. Malkawi
Broadcasting The 2006 World Cup: The Right Of Arab Fans Versus Art Exclusivity, Bashar H. Malkawi
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
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
Michigan Telecommunications & Technology Law Review
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 …
Microsoft Tying Consumers' Hands - The Windows Vista Problem And The South Korean Solution, Daniel J. Silverthorn
Microsoft Tying Consumers' Hands - The Windows Vista Problem And The South Korean Solution, Daniel J. Silverthorn
Michigan Telecommunications & Technology Law Review
Currently, more than ninety percent of the world's PCs operate under Windows. To cement its market power, Microsoft has engaged in controversial business practices. Those practices have led to adverse antitrust decisions in the United States, the European Union (EU), and South Korea. Many of these decisions, both judicial and administrative, revolve around Microsoft's bundling, or "tying," of certain subsidiary applications with the Windows operating system, including Internet Explorer and Windows Media Player. In doing so, Microsoft arguably gains a greater than deserved market share with these bundled applications, inhibiting fair competition in the software marketplace. The United States, EU …
The Robinson-Patman Act And Consumer Welfare: Has Volvo Reconciled Them?, John B. Kirkwood
The Robinson-Patman Act And Consumer Welfare: Has Volvo Reconciled Them?, John B. Kirkwood
Seattle University Law Review
In this article, I address that broader question. In Part II, I summarize the facts and opinions in Volvo, particularly the final section of the majority opinion where the Court observed that Volvo's discrimination was procompetitive. In Part III, I review the growing consensus in antitrust law that the fundamental goal of the antitrust statutes (other than the Robinson-Patman Act) is to promote consumer welfare. Today when most courts say that a practice furthers competition, they mean that it improves consumer welfare-specifically, the welfare of consumers in the relevant market. In Part IV, I use that interpretation of …
Antitrust Issues In The Settlement Of Patent Disputes, Part Iii, Thomas B. Leary
Antitrust Issues In The Settlement Of Patent Disputes, Part Iii, Thomas B. Leary
Seattle University Law Review
Once again, I will address the issue of litigation settlements between companies that hold patents on pharmaceutical products (sometimes "pioneers") and would-be generic entrants ("generics") who challenge the validity of the patent and/or a claim of infringement. This discussion will focus on the Tamoxifen opinion, with passing reference to other decisions. Obviously, reasonable people can disagree on these issues, but I still believe the Commission's approach in Schering was correct.
Patent Ships Sail An Antitrust Sea, Joseph Scott Miller
Patent Ships Sail An Antitrust Sea, Joseph Scott Miller
Seattle University Law Review
The deeper truths evoked by patent ships sailing an antitrust sea are three. First, free competition is the pervasive, baseline reality, the background norm; patent protection is the temporary, partial exception. Second, we grasp both patent and antitrust policy with a common science: economics. Third, although neither patent nor antitrust law doctrines are good tools for fixing fundamental problems in the other body of law, both bodies of law help us better understand the shortcomings of the other. I explore these ideas in turn, below.
Independent Ink At The Crossroads Of Antitrust And Intellectual Property Law: The Court's Holding Regarding Market Power In Cases Involving Patents And Implications In Cases Involving Copyrights, Leonard J. Feldman, Rima J. Alaily, Chad D. Farrell
Independent Ink At The Crossroads Of Antitrust And Intellectual Property Law: The Court's Holding Regarding Market Power In Cases Involving Patents And Implications In Cases Involving Copyrights, Leonard J. Feldman, Rima J. Alaily, Chad D. Farrell
Seattle University Law Review
By eliminating the market power presumption for patent holders, Independent Ink calls into question the presumption's continued validity for tying arrangements involving copyrights. While the Court's holding directly applies only to patents, we present three reasons why, after Independent Ink, the presumption can no longer be viable in antitrust lawsuits challenging a tying arrangement involving a copyrighted product. First, the Court's rationale for eliminating the presumption including citations to extensive academic writings, agency guidelines, and legislative amendments precludes the presumption's continued application in any other context. Second, copyrights are significantly less likely than patents to confer market power because …
Illinois Tool Works: Allocating The Burden Of Proving Market Power In Patent Tying Cases, Dennis J. Abdelnour
Illinois Tool Works: Allocating The Burden Of Proving Market Power In Patent Tying Cases, Dennis J. Abdelnour
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Which Cases Are "Such Cases": Interpreting And Applying Section 12 Of The Clayton Act, Adam B. Perry
Which Cases Are "Such Cases": Interpreting And Applying Section 12 Of The Clayton Act, Adam B. Perry
Fordham Law Review
This Note examines an issue currently dividing the nation's circuit courts of appeal. The issue presented is how courts should interpret and apply Section 12 of the Clayton Act, the long-arm and venue statute for private antitrust actions brought against corporate defendants. Section 12's poor construction has resulted in courts applying section 12 differently to similar sets of facts. This Note thoroughly discusses section 12 as it relates to antitrust law generally and the procedural elements of bringing a private antitrust action in federal court, examines the existing section 12 case law that illustrates the conflict and the arguments on …