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Antitrust And The Patent System: A Reexamination, Herbert Hovenkamp 2015 University of Iowa

Antitrust And The Patent System: A Reexamination, Herbert Hovenkamp

Herbert Hovenkamp

Since the federal antitrust laws were first passed they have cycled through extreme positions on the relationship between competition law and the patent system. Previous studies of antitrust and the patent system have generally assumed that patents are valid, discrete, and generally of high quality in the sense that they further innovation. As a result, increasing the returns to patenting increases the incentive to do socially valuable innovation. Further, if the returns to the patentee exceed the social losses caused by increased exclusion, the tradeoff is positive and antitrust should not interfere. If a patent does nothing to further innovation ...


The Ip Transition And The Need For Common Carrier Regulation, Nicholas Kokkinos 2014 The Catholic University of America, Columbus School of Law

The Ip Transition And The Need For Common Carrier Regulation, Nicholas Kokkinos

CommLaw Conspectus: Journal of Communications Law and Technology Policy

No abstract provided.


Section 10 Forbearance: Asking The Right Questions To Get The Right Answers, George S. Ford, Lawrence J. Spiwak 2014 The Catholic University of America, Columbus School of Law

Section 10 Forbearance: Asking The Right Questions To Get The Right Answers, George S. Ford, Lawrence J. Spiwak

CommLaw Conspectus: Journal of Communications Law and Technology Policy

The Telecommunications Act of 1996 aimed to “provide for a pro-competitive, de-regulatory national policy framework designed to accelerate rapidly private sector deployment of advanced telecommunications and information technologies and services to all Americans….” Key to the Federal Communication Commission’s ability to satisfy this deregulatory mandate is Section 10 of the 1996 Act which provides the agency with express legal authority to forbear from enforcing certain portions of the Communications Act. In this paper, we use the agency’s Phoenix Forbearance Order as a template for outlining how the Commission can improve its forbearance analysis. Our analysis focuses on forbearance ...


The Trade Act Of 1988 And The Mtns: Long-Term Planning And Reform, Charles A. Hunnicutt 2014 University of Georgia School of Law

The Trade Act Of 1988 And The Mtns: Long-Term Planning And Reform, Charles A. Hunnicutt

Georgia Journal of International & Comparative Law

No abstract provided.


Omnibus Trade And Competitiveness Act Of 1988: Putting The Brakes On Foreign Investment, Christopher J. Foreman 2014 University of Georgia School of Law

Omnibus Trade And Competitiveness Act Of 1988: Putting The Brakes On Foreign Investment, Christopher J. Foreman

Georgia Journal of International & Comparative Law

No abstract provided.


The Wood Pulp Case: The Application Of European Economic Community Competition Law To Foreign Based Undertakings, Evan Breibart 2014 University of Georgia School of Law

The Wood Pulp Case: The Application Of European Economic Community Competition Law To Foreign Based Undertakings, Evan Breibart

Georgia Journal of International & Comparative Law

No abstract provided.


From Patent Thickets To Patent Networks: The Legal Infrastructure Of The Digital Economy, Jonathan M. Barnett 2014 BLR

From Patent Thickets To Patent Networks: The Legal Infrastructure Of The Digital Economy, Jonathan M. Barnett

University of Southern California Legal Studies Working Paper Series

Scholarly and popular commentary often assert that markets characterized by intensive patent issuance and enforcement suffer from “patent thickets” that suppress innovation. This assertion is difficult to reconcile with continuous robust levels of R&D investment, coupled with declining prices, in technology markets that have operated under intensive patent issuance and enforcement for several decades. Using network visualization software, I show that information and communication technology markets rely on patent pools and other cross-licensing structures to mitigate or avoid patent thickets and associated inefficiencies. Based on the composition, structure, terms and pricing of selected leading patent pools in the ICT ...


Potential Competitive Effects Of Vertical Mergers: A How-To Guide For Practitioners, Steven C. Salop, Daniel P. Culley 2014 Georgetown University Law Center

Potential Competitive Effects Of Vertical Mergers: A How-To Guide For Practitioners, Steven C. Salop, Daniel P. Culley

Georgetown Law Faculty Publications and Other Works

The purpose of this short article is to aid practitioners in analyzing the competitive effects of vertical and complementary product mergers. It is also intended to assist the agencies if and when they undertake revision of the 1984 U.S. Vertical Merger Guidelines. Those Guidelines are out of date and do not reflect current enforcement or economic thinking about the potential competitive effects of vertical mergers. Nor do they provide the tools needed to carry out a modern competitive effects analysis. This article is intended to partially fill the gap by summarizing the various potential competitive harms and benefits that ...


Securities - Insider Trading - The Effects Of The New Eec Draft Insider Trading Directive, Douglas A. Nystrom 2014 University of Georgia School of Law

Securities - Insider Trading - The Effects Of The New Eec Draft Insider Trading Directive, Douglas A. Nystrom

Georgia Journal of International & Comparative Law

No abstract provided.


La Cessione Dei Diritti Audiovisivi Del Campionato Di Calcio Di Serie A, Tra Regolazione Procompetitiva E Tutela Della Concorrenza), federico ghezzi, Mariateresa Maggiolino 2014 SelectedWorks

La Cessione Dei Diritti Audiovisivi Del Campionato Di Calcio Di Serie A, Tra Regolazione Procompetitiva E Tutela Della Concorrenza), Federico Ghezzi, Mariateresa Maggiolino

federico ghezzi

In this paper we examine the Italian rules governing the selling of media “premium” rights by the Italian professional Soccer League. These rights are currently commercialized centrally, i.e. by the League itself for a three years period. We argue that in light of technological evolution and convergence, the practice of selling these rights “per platform” and according to a “no single buyer rule” may harm dynamic efficiency. Interplatform distribution exclusivity should thus prevail, unless these rights were to be considered not only significant in terms of audience and advertisement, but as an essential facility for downstream pay-Tv markets. In ...


Una Nueva Generación: ¿Por Qué Las Medianas Empresas Deben Reducir Su Dependencia Bancaria Y Apostar Por El Mav?, John Pineda Galarza 2014 SelectedWorks

Una Nueva Generación: ¿Por Qué Las Medianas Empresas Deben Reducir Su Dependencia Bancaria Y Apostar Por El Mav?, John Pineda Galarza

John Pineda Galarza

Se analiza el porque las medianas empresas deben de buscar financiarse a través de métodos alternativos y no solo depender del financiamiento bancario. En ese sentido, se desarrolla la emisión de instrumentos de corto plazo como un mecanismo viable y necesario para las medianas empresas.


Flawed Economic Models Have Misled Rpm Policy In The Us, Canada And The Eu, Tarcisio da Graca, Robert Masson 2014 SelectedWorks

Flawed Economic Models Have Misled Rpm Policy In The Us, Canada And The Eu, Tarcisio Da Graca, Robert Masson

Tarcisio da Graca

We show that some influential literature supporting the Resale Price Maintenance (RPM) efficiency view is flawed when it relies on the presale service justification for RPM. In particular we consider presale services that do not modify in use value of a good, what we term sterile services. We debunk what we call the Bork proposition. Crucially, we consider the fact that value in use may differ from prepurchase perceived value. We apply the value-in-use standard, which exposes the loss in consumer surplus in Bork¹s model and reveals that even Bork¹s dissenters significantly underestimate their calculated losses to inframarginal consumers. When ...


Predatory Hiring As Exclusionary Conduct: A New Perspective, Richard J. Braun, Michael A. Williams 2014 Pepperdine University

Predatory Hiring As Exclusionary Conduct: A New Perspective, Richard J. Braun, Michael A. Williams

The Journal of Business, Entrepreneurship & the Law

The showing of predatory or exclusionary conduct is a necessary element to prove an attempted monopolization claim under section 2 of the Sherman Act. Predatory hiring as a form of exclusionary conduct has not been extensively analyzed from legal or economic perspectives. Most litigated cases have followed Universal Analytics, Inc. v. MacNeal-Schwendler Corp., where the court held that unlawful predatory hiring occurs when talent is acquired not for purposes of using that talent, but for purposes of denying it to a competitor. An anticompetitive act by a single firm is an act that is not profit maximizing but for the ...


Rethinking The Rhetoric Of Antidumping: A Response To Mark Wu's Reform Proposal, Pierce Lee 2014 University of Georgia School of Law

Rethinking The Rhetoric Of Antidumping: A Response To Mark Wu's Reform Proposal, Pierce Lee

Georgia Journal of International & Comparative Law

No abstract provided.


Securities Regulation - Great Expectations And The Reality Of Rule 144a And Regulation S; The Sec's Approach To The Internationalization Of The Financial Marketplace, R. Brandon Asbill 2014 University of Georgia School of Law

Securities Regulation - Great Expectations And The Reality Of Rule 144a And Regulation S; The Sec's Approach To The Internationalization Of The Financial Marketplace, R. Brandon Asbill

Georgia Journal of International & Comparative Law

No abstract provided.


Japanese Fair Trade Commission Guidelines For Licensing Agreements: An Overview And A Critique, Bradley J. Nicholson 2014 University of Georgia School of Law

Japanese Fair Trade Commission Guidelines For Licensing Agreements: An Overview And A Critique, Bradley J. Nicholson

Georgia Journal of International & Comparative Law

No abstract provided.


"Whimsy Little Contracts" With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements, Jeff Sovern, Elayne E. Greenberg, Paul F. Kirgis, Yuxiang Liu 2014 St. John's University School of Law

"Whimsy Little Contracts" With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements, Jeff Sovern, Elayne E. Greenberg, Paul F. Kirgis, Yuxiang Liu

Working Papers

Arbitration clauses have become ubiquitous in consumer contracts. These arbitration clauses require consumers to waive the constitutional right to a civil jury, access to court, and, increasingly, the procedural remedy of class representation. Because those rights cannot be divested without consent, the validity of arbitration agreements rests on the premise of consent. Consumers who do not want to arbitrate or waive their class rights can simply decline to purchase the products or services covered by an arbitration agreement. But the premise of consent is undermined if consumers do not understand the effect on their procedural rights of clicking a box ...


European Commission - Concentrations - Nestle's Bid To Takeover Perrier: A Landmark Merger Restructuring On Duopoly Grounds, William M. Willis IV 2014 University of Georgia School of Law

European Commission - Concentrations - Nestle's Bid To Takeover Perrier: A Landmark Merger Restructuring On Duopoly Grounds, William M. Willis Iv

Georgia Journal of International & Comparative Law

No abstract provided.


The Reauthorization Of Exon-Florio: A Battle Between Spurring The U.S. Economy And Protecting National Security, Ellison F. McCoy 2014 University of Georgia School of Law

The Reauthorization Of Exon-Florio: A Battle Between Spurring The U.S. Economy And Protecting National Security, Ellison F. Mccoy

Georgia Journal of International & Comparative Law

No abstract provided.


North American Free Trade Agreement: The Public Debate, Frances Lee Ansley 2014 University of Georgia School of Law

North American Free Trade Agreement: The Public Debate, Frances Lee Ansley

Georgia Journal of International & Comparative Law

No abstract provided.


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