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Articles 1 - 4 of 4

Full-Text Articles in Law

A Rule For Determining When Patent Misuse Should Be Applied, Katherine E. White Mar 2001

A Rule For Determining When Patent Misuse Should Be Applied, Katherine E. White

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Annual Survey Of Virginia Law: Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore, Beth G. Hungate-Noland Jan 2001

Annual Survey Of Virginia Law: Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore, Beth G. Hungate-Noland

University of Richmond Law Review

This year witnessed the advance of a wide variety of antitrust and trade regulation theories, most of which met with little success. Of the antitrust cases, Continental Airlines waged a successful battle to eliminate carry-on baggage restrictions at Dulles Airport. Additionally, Maryland's price-setting scheme for liquor was not accorded state action immunity. On the other side of the ledger, another antitrust litigant failed to overcome the requirement that efforts to petition the government must be objectively baseless in order to meet the sham exception to the Noerr-Pennington doctrine. Difficulties in proving an antitrust injury and the intent element of a …


Antitrust And The Marketplace Of Ideas, Maurice Stucke, Allen Grunes Jan 2001

Antitrust And The Marketplace Of Ideas, Maurice Stucke, Allen Grunes

College of Law Faculty Scholarship

Article provides an overview of the marketplace of ideas, its relevance to media mergers, and the current approach under the federal antitrust agencies' Horizontal Merger Guidelines. The article examines the legal support for the proposition that antitrust analysis of media mergers should be expanded to include the merger's impact on editorial competition. After finding legal support in the legislative history and Supreme Court decisions, the article explores the pros and cons of evaluating a media merger's impact on the marketplace of ideas, and asks whether this should be left to the FCC. The article concludes with several modest proposals as …


Antitrust And The Marketplace Of Ideas, Maurice Stucke, Allen Grunes Jan 2001

Antitrust And The Marketplace Of Ideas, Maurice Stucke, Allen Grunes

Scholarly Works

Article provides an overview of the marketplace of ideas, its relevance to media mergers, and the current approach under the federal antitrust agencies' Horizontal Merger Guidelines. The article examines the legal support for the proposition that antitrust analysis of media mergers should be expanded to include the merger's impact on editorial competition. After finding legal support in the legislative history and Supreme Court decisions, the article explores the pros and cons of evaluating a media merger's impact on the marketplace of ideas, and asks whether this should be left to the FCC. The article concludes with several modest proposals as …