Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Antitrust (2)
- Robert Bork (2)
- Robinson-Patman Act (2)
- Antitrust Paradox (1)
- Antitrust injury (1)
-
- Comparative law (1)
- Consumer welfare prescription (1)
- EU (1)
- Exclusionary practices (1)
- FRAND (1)
- Foreign law (1)
- Judge James L. Robart (1)
- Microsoft v. Motorola (1)
- Monopoly (1)
- Per se illegality (1)
- Per se legality (1)
- RAND (1)
- Reasonable and nondiscriminatory royalties (1)
- Resale price maintenance (1)
- Sherman Act (1)
- Standards-setting (1)
- Standards-settings organizations (SSOs) (1)
- Vertical restraints (1)
- Vertical territorial restrictions (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Judging Monopolistic Pricing: F/Rand And Antitrust Injury, William H. Page
Judging Monopolistic Pricing: F/Rand And Antitrust Injury, William H. Page
UF Law Faculty Publications
In a 2013 opinion in Microsoft v. Motorola, Judge James Robart calculated “reasonable and nondiscriminatory” or RAND royalties that Motorola could lawfully charge Microsoft for licenses to use Motorola patents that were essential to two industry standards. Although the case involved only a claim for breach of contract, Judge Robart’s opinion regulated monopoly pricing, a task courts try to avoid in other contexts, claiming institutional incapacity. In this instance, however, Judge Robart identified standards that he believed adequately guided him in the task. He recognized that the economic purposes of the RAND commitment were to prevent owners of standards-essential patents …
The Law And Economics Of (Functional) Antitrust Standing In The United States And The European Union, Jeffrey L. Harrison
The Law And Economics Of (Functional) Antitrust Standing In The United States And The European Union, Jeffrey L. Harrison
UF Law Faculty Publications
To date, and despite pressures toward convergence, the United States and the European Union have taken different paths with respect to the enforcement of antitrust laws by private parties and, therefore, differ dramatically in levels of functional standing. U.S. law is more encouraging to private enforcement than E.U. law but has a narrower view of whom those private parties are permitted to be. In the European Union, the eligible parties are broad but the motivation of any single party to bring an action is quite low. In the United States, the substantive law and much of the procedural law flow …
“Antitrust's Least Glorious Hour”: The Robinson-Patman Act, Roger D. Blair, Christina Depasquale
“Antitrust's Least Glorious Hour”: The Robinson-Patman Act, Roger D. Blair, Christina Depasquale
UF Law Faculty Publications
In The Antitrust Paradox, Robert Bork explored many of antitrust’s misadventures. Specifically, Bork severely criticized the Robinson-Patman Act, which he characterized as “antitrust’s least glorious hour.” In this paper, we explore Bork’s criticism of the Robinson-Patman Act along with those of other legal scholars and economists. We analyze the central prohibitions of the act and explore their competitive implications. We also show that the act’s unfortunate prohibitions have been muted by the antitrust agencies’ benign neglect and three recent Supreme Court decisions.
The Transformation Of Vertical Restraints: Per Se Illegality, The Rule Of Reason, And Per Se Legality, D. Daniel Sokol
The Transformation Of Vertical Restraints: Per Se Illegality, The Rule Of Reason, And Per Se Legality, D. Daniel Sokol
UF Law Faculty Publications
Robert Bork probably had the single most lasting influence on antitrust law and policy of anyone in the past 50 years. To read the 1978 Antitrust Paradox today, one is struck by how closely contemporary case law tracks Bork's policy prescriptions. The speed at which the transformation in law and policy occurred in antitrust is perhaps unprecedented across any area of common law. In the 1970s, antitrust jurisprudence and enforcement policies were in tension with industrial organization economics. Bork created a unified goal for antitrust based on a “consumer welfare prescription” to shape the development of the case law. The …