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Articles 1 - 15 of 15
Full-Text Articles in Law
Stakeholderism Silo Busting, Aneil Kovvali
Stakeholderism Silo Busting, Aneil Kovvali
Articles by Maurer Faculty
The fields of antitrust, bankruptcy, corporate, and securities law are undergoing tumultuous debates. On one side in each field is the dominant view that each field should focus exclusively on a specific constituency—antitrust on consumers, bankruptcy on creditors, corporate law on shareholders, and securities regulation on financial investors. On the other side is a growing insurgency that seeks to broaden the focus to a larger set of stakeholders, including workers, the environment, and political communities. But these conversations have largely proceeded in parallel, with each debate unfolding within the framework and literature of a single field. Studying these debates together …
Measuring The Costs And Benefits Of Patent Pools, Michael Mattioli, Robert P. Merges
Measuring The Costs And Benefits Of Patent Pools, Michael Mattioli, Robert P. Merges
Articles by Maurer Faculty
This Article addresses a policy question that has challenged scholars and lawmakers since the 1850s: Do the transaction cost benefits of patent pools outweigh their potential for consumer harm? This question has special importance today. Patent pools are on the increase, due to large numbers of patents in critical industries such as software and mobile phones. In this Article, we present the first empirically-based estimate of the transaction costs savings engendered by patent pools. Drawing on interviews with administrators of prominent pools, we document the costs of assembling and administering a functioning pool. We then estimate the transaction costs that …
Transnational Regulatory Litigation, Hannah Buxbaum
Transnational Regulatory Litigation, Hannah Buxbaum
Articles by Maurer Faculty
Recent years have seen much debate about the role of national courts in addressing global harms. That debate has focused on the application by domestic courts of international law - for instance, in civil actions brought in U.S. courts to enforce human rights law. This article identifies a parallel development in the area of economic regulation. It classifies and analyzes a category of cases that seek the application of regulatory law by domestic courts in situations involving global economic misconduct. Like the public international law cases, these cases highlight the tension between the benefits to be gained by enhanced enforcement …
National Courts, Global Cartels: F. Hoffman-Laroche V. Empagran, S.A., Hannah Buxbaum
National Courts, Global Cartels: F. Hoffman-Laroche V. Empagran, S.A., Hannah Buxbaum
Articles by Maurer Faculty
This comment discusses the Supreme Court's recent decision in Hoffman-LaRoche v. Empagran, an action brought by foreign plaintiffs under U.S. antitrust law to recover damages caused by the activities of a global price-fixing cartel. It describes the jurisdictional issues raised by conduct that affects the global market for a particular good, and analyzes the Court's reliance on notions of comity to restrain the reach of U.S. antitrust law. It argues, however, that the decision does not in fact undermine the anti-comity approach adopted in the 1993 Hartford Fire case, as the Court here assumes that the cartel's effects in the …
Anticompetitive Settlement Of Intellectual Property Disputes, Mark D. Janis, Herbert J. Hovenkamp, Mark A. Lemley
Anticompetitive Settlement Of Intellectual Property Disputes, Mark D. Janis, Herbert J. Hovenkamp, Mark A. Lemley
Articles by Maurer Faculty
No abstract provided.
Transitions In Ip And Antitrust, Mark D. Janis
Transitions In Ip And Antitrust, Mark D. Janis
Articles by Maurer Faculty
No abstract provided.
Uneasy Labeling, Deborah A. Widiss
Criminal Penalties Under The Sherman Act: A Study Of Law And Economics, Kenneth G. Dau-Schmidt, Joseph Gallo, Charles Parker, Joseph Craycraft
Criminal Penalties Under The Sherman Act: A Study Of Law And Economics, Kenneth G. Dau-Schmidt, Joseph Gallo, Charles Parker, Joseph Craycraft
Articles by Maurer Faculty
This paper presents an empirical analysis of criminal antitrust prosecutions undertaken by the Department of Justice during the period 1955-1993. The authors report data on the number of criminal cases, the type of offense alleged, whether the defendants were individuals or firms, the position individual defendants held in their firm, the Department of Justice's won/lost record and the nature and amount of any sanctions imposed. A brief discussion of whether the reported sanctions have been adequate to promote efficient deterrence is also presented.
A Redrafted Section I Of The Sherman Act, Robert H. Heidt
A Redrafted Section I Of The Sherman Act, Robert H. Heidt
Articles by Maurer Faculty
No abstract provided.
Should Federal Courts Give Greater Effect To State Judgments Than Would The Courts That Rendered Them?, Gene R. Shreve
Should Federal Courts Give Greater Effect To State Judgments Than Would The Courts That Rendered Them?, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Limiting Conglomerate Mergers: The Need For Legislation, Joseph F. Brodley
Limiting Conglomerate Mergers: The Need For Legislation, Joseph F. Brodley
Articles by Maurer Faculty
No abstract provided.
Potential Competition Mergers: A Structural Synthesis, Joseph F. Brodley
Potential Competition Mergers: A Structural Synthesis, Joseph F. Brodley
Articles by Maurer Faculty
No abstract provided.
Horizontal And Vertical Restraints Of Trade: The Legality Of Motion Picture Splits Under The Antitrust Laws, James S. Gordon
Horizontal And Vertical Restraints Of Trade: The Legality Of Motion Picture Splits Under The Antitrust Laws, James S. Gordon
Articles by Maurer Faculty
No abstract provided.
An Experiment In Preventive Anti-Trust: Judicial Regulation Of The Motion Picture Exhibition Market Under The Paramount Decrees, James S. Gordon
An Experiment In Preventive Anti-Trust: Judicial Regulation Of The Motion Picture Exhibition Market Under The Paramount Decrees, James S. Gordon
Articles by Maurer Faculty
No abstract provided.
Capitalism, The United States Constitution And The Supreme Court, Part 2, Hugh Evander Willis
Capitalism, The United States Constitution And The Supreme Court, Part 2, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.