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Full-Text Articles in Law
Non-Price Competition In “Substitute" Drugs: The Ftc's Blind Spot, Gregory Dolin
Non-Price Competition In “Substitute" Drugs: The Ftc's Blind Spot, Gregory Dolin
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As the recent case of United States v. Lundbeck illustrates, the Federal Trade Commission’s lack of knowledge in medical and pharmacological sciences affects its evaluation of transactions between medical and pharmaceutical companies that involve transfers of rights to manufacture or sell drugs, causing the agency to object to such transactions without solid basis for doing so. This article argues that in order to properly define a pharmaceutical market, one must not just consider the condition that competing drugs are meant to treat, but also take into account whether there are “off-label” drugs that are used to treat a relevant condition, …
As Antitrust Case Ends, Microsoft Is Victorious In Defeat, Norman Hawker, Robert H. Lande
As Antitrust Case Ends, Microsoft Is Victorious In Defeat, Norman Hawker, Robert H. Lande
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As the final judgment in the celebrated Microsoft case ends, this piece very briefly assesses the impact of its remedy. When evaluated in terms of its most important goals, the remedy has proven to be a failure. Microsoft's monopoly power in the PC operating systems market is now as great as it was when the case was brought in 1998 or the remedy was ordered in 2002. The article also very briefly discusses the implications of this remedy for Google and AT&T.
The Intel And Microsoft Settlements, Robert H. Lande
The Intel And Microsoft Settlements, Robert H. Lande
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This article briefly compares and contrasts the recent U.S. Federal Trade Commission's antitrust settlement with Intel, and the antitrust cases brought against Microsoft. The article praises the FTC's settlement with Intel, and predicts that history will judge it very favorably compared to the settlement by the U.S. Department of Justice of its antitrust case against Microsoft.
Is Europe Unfairly Attacking Another U.S. High Technology Company?, Robert H. Lande
Is Europe Unfairly Attacking Another U.S. High Technology Company?, Robert H. Lande
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This short piece considers whether the EU antitrust action against Intel constitutes an example of European regulators attacking a successful US company in order to protect a European competitor, or whether it instead is an example of legitimate law enforcement.
Ub Viewpoint – Aol/Microsoft Settlement Could Harm Consumers, Robert H. Lande
Ub Viewpoint – Aol/Microsoft Settlement Could Harm Consumers, Robert H. Lande
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No abstract provided.
The European Union’S Microsoft Case: No Time For Jingoism, Albert A. Foer, Robert H. Lande
The European Union’S Microsoft Case: No Time For Jingoism, Albert A. Foer, Robert H. Lande
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No abstract provided.
Why Are We So Reluctant To "Execute" Microsoft?, Robert H. Lande
Why Are We So Reluctant To "Execute" Microsoft?, Robert H. Lande
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On June 28, 2001, the D.C. Court of Appeals held that Microsoft has violated the antitrust laws repeatedly, relentlessly, and over a multi-year period. The court ruled eight separate times that Microsoft engaged in conduct that illegally maintained its monopoly in PC operating systems. Despite these strongly worded conclusions concerning Microsoft’s liability, the court was extremely cautious when it considered whether to break up the company. It held that divestiture was a “radical” remedy that should be imposed with “great caution.”
The Perfect Caper?: Private Damages And The Microsoft Case, Robert H. Lande, James Langenfeld
The Perfect Caper?: Private Damages And The Microsoft Case, Robert H. Lande, James Langenfeld
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As readers of crime novels know, there are many definitions of the perfect caper. Under most, the perpetrator gets to keep its ill-gotten gains and goes unpunished. Even if the perpetrator is arrested and brought to trial, he or she still typically escapes punishment completely due to a variety of unusual circumstances. This is essentially what Professors John E. Lopatka and William H. Page are arguing about Microsoft's actions. They assert that even though Microsoft has violated the antitrust laws, it will not be made to pay for its anticompetitive conduct, at least not by private plaintiffs.
After Microsoft Wins, Robert H. Lande