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Selected Works

Selected Works

Antitrust and Trade Regulation

2014

Articles 91 - 97 of 97

Full-Text Articles in Law

Jurisprudenta In Materia Concurentei. Obligatia De A Solicita O Hotarare Preliminara., Emanuela Matei Dec 2013

Jurisprudenta In Materia Concurentei. Obligatia De A Solicita O Hotarare Preliminara., Emanuela Matei

Emanuela A. Matei

No abstract provided.

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Ending Patent Exceptionalism & Structuring The Rule Of Reason: The Supreme Court Opens The Door For Both, Robin C. Feldman Dec 2013

Ending Patent Exceptionalism & Structuring The Rule Of Reason: The Supreme Court Opens The Door For Both, Robin C. Feldman

Robin C Feldman

A patent gives one an opportunity to exploit an idea. It is not intended as a universal pass for exploiting the legal system. Nevertheless, a notion I would call patent exceptionalism has been allowing patent holders to exercise free rein. It is a dangerous approach that fails to distinguish between deploying the right and deploying the system. This article describes patent exceptionalism and explains how the Supreme Court decision in FTC v. Actavis moves away from it.

The article also explains how the appeal of patent exceptionalism intertwines with antitrust. To put it bluntly, patent exceptionalism is alluring because it …

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Is There A Market For Organic Search Engine Results And Can Their Manipulation Give Rise To Antitrust Liability?, Daniel L. Rubinfeld, James Ratliff Dec 2013

Is There A Market For Organic Search Engine Results And Can Their Manipulation Give Rise To Antitrust Liability?, Daniel L. Rubinfeld, James Ratliff

Daniel L. Rubinfeld

Google has been accused of manipulating its organic search results to favor its own services. We explore possible choices of relevant antitrust markets that might make these various antitrust allegations meaningful. We argue that viewing Internet search in isolation ignores the two-sided nature of the search-advertising platform and the feedback effects that link the provision of organic search results to consumers on the one hand, and the sale to businesses of advertising on the other. We conclude that the relevant market in which Google competes with respect to Internet search is at least as broad as a two-sided search-advertising market. …

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Antitrust Settlements, Daniel L. Rubinfeld Dec 2013

Antitrust Settlements, Daniel L. Rubinfeld

Daniel L. Rubinfeld

This essay sketches out the conceptual framework underlying the settlement-trial decision and describes some of the empirical evidence concerning the settlement of public and private antitrust cases. Some emphasis is given to the expansive growth of public enforcement in countries outside the United States. Coupled with leniency programs, active public enforcement has encouraged settlement, which is turn has generated substantial public debate as to the deterrence value of settlement-driven policies.

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The Hidden Costs Of Free Goods: Implications For Antitrust Enforcement, Michal Gal, Daniel Rubinfeld Dec 2013

The Hidden Costs Of Free Goods: Implications For Antitrust Enforcement, Michal Gal, Daniel Rubinfeld

Michal Gal

Today a growing number of goods and services are provided in the marketplace free of charge; indeed, free or the appearance of free, have become part of our ecosystem. More often than not, free goods and services provide real benefits to consumers and are clearly pro-competitive. Yet free goods may also create significant costs. We show that despite the fact that the consumer does not pay a direct price, there are indirect prices that reflect the opportunity cost associated with the consumption of free goods. These indirect costs can be overt or covert, in the same market in which the …

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Measuring Benchmark Damages In Antitrust Litigation, Daniel L. Rubinfeld, Justin Mccrary Dec 2013

Measuring Benchmark Damages In Antitrust Litigation, Daniel L. Rubinfeld, Justin Mccrary

Justin McCrary

We compare the two dominant approaches to estimation of benchmark damages in antitrust litigation, the forecasting approach and the dummy variable approach. We give conditions under which the two approaches are equivalent and present the results of a small simulation study.

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Network Nepotism And The Market For Content Delivery, Tejas N. Narechania Dec 2013

Network Nepotism And The Market For Content Delivery, Tejas N. Narechania

Tejas N. Narechania

The Federal Communications Commission has officially launched its third attempt to impose network neutrality rules on Internet traffic. But before the Commission could release its proposed regulations, they leaked to the Wall Street Journal and were quickly embroiled in controversy. Chief among the objections was the possibility that the new regulations would allow broadband carriers, such as Verizon, to prioritize certain traffic, thereby creating an Internet “fast lane” that could be dedicated to select content, websites, or applications. Of particular concern was the possibility that carriers would use this power to accord special treatment to other members of its corporate …

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