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Is There A Market For Organic Search Engine Results And Can Their Manipulation Give Rise To Antitrust Liability?, Daniel L. Rubinfeld, James Ratliff 2014 Berkeley Law

Is There A Market For Organic Search Engine Results And Can Their Manipulation Give Rise To Antitrust Liability?, Daniel L. Rubinfeld, James Ratliff

Daniel L. Rubinfeld

Google has been accused of manipulating its organic search results to favor its own services. We explore possible choices of relevant antitrust markets that might make these various antitrust allegations meaningful. We argue that viewing Internet search in isolation ignores the two-sided nature of the search-advertising platform and the feedback effects that link the provision of organic search results to consumers on the one hand, and the sale to businesses of advertising on the other. We conclude that the relevant market in which Google competes with respect to Internet search is at least as broad as a two-sided search-advertising market ...


Professors Update 2014, Antitrust Analysis, 7th Ed., Aaron Edlin, Scott Hemphill, Louis Kaplow 2014 Berkeley Law

Professors Update 2014, Antitrust Analysis, 7th Ed., Aaron Edlin, Scott Hemphill, Louis Kaplow

Aaron Edlin

Professors Update for Antitrust Analysis, 7th edition


Análisis Económico De Las Sanciones Administrativas En El Derecho De La Competencia Y Del Consumo, Camilo Ossa 2014 SelectedWorks

Análisis Económico De Las Sanciones Administrativas En El Derecho De La Competencia Y Del Consumo, Camilo Ossa

Camilo Ossa

Encontrará el lector una revisión de un aspecto puntual relacionado con la posibilidad que investigaciones originadas por infracciones al consumidor puedan ser sancionadas vía competencia, con el fin de aprovechar el mayor valor de la sanción, de lo cual se hará una revisión de los aspectos jurídicos que ello implica, además de una propuesta, utilizando herramientas del Análisis Económico del Derecho, que nos puede llevar a convertir una una sanción que se cree “pequeña” en eficiente, siendo óptima para el cumplimiento del fin propuesto en la misma ley. Son dos aspectos puntuales relacionados, primero, con la parte teórica que hay ...


On The Public-Law Character Of Competition Law: A Lesson Of Asian Capitalism, Michael Dowdle 2014 SelectedWorks

On The Public-Law Character Of Competition Law: A Lesson Of Asian Capitalism, Michael Dowdle

Michael Dowdle

This article argues that competition law is best seen as a form of public law – ‘the law that governs the governing of the state – and not as simply a form of private market regulation. It uses the experiences of ‘Asian capitalism’ to show how capitalist economies are in fact much more variegated than the orthodox model of competition law presumes, and that this variegated character demands a form of regulation that is innately political rather than simply technical. Orthodox competition regimes address this complexity by segregating non-standard capitalisms into alternative doctrinal jurisprudences, but this renders conceptually invisible the political balancing ...


The Rise And Rise Of The One Percent: Getting To Thomas Piketty's Wealth Dystopia, Shi-Ling Hsu 2014 SelectedWorks

The Rise And Rise Of The One Percent: Getting To Thomas Piketty's Wealth Dystopia, Shi-Ling Hsu

Shi-Ling Hsu

Thomas Piketty's Capital in the Twenty-first Century, which is surely one of the very few economics treatises ever to be a best-seller, has parachuted into an intensely emotional and deeply divisive American debate: the problem of inequality in the United States. Piketty's core argument is that throughout history, the rate of return on private capital has usually exceeded the rate of economic growth, expressed by Piketty as the relation r > g. If true, this relation means that the wealthy class – who are the predominant owners of capital – will grow their wealth faster than economies grow, which means that ...


The Appropriate Legal Standard And Sufficient Economic Evidence For Exclusive Dealing Under Section 2: The Ftc’S Mcwane Case, Steven C. Salop, Sharis A. Pozen, John R. Seward 2014 Georgetown University Law Center

The Appropriate Legal Standard And Sufficient Economic Evidence For Exclusive Dealing Under Section 2: The Ftc’S Mcwane Case, Steven C. Salop, Sharis A. Pozen, John R. Seward

Georgetown Law Faculty Publications and Other Works

The FTC recently found McWane, Inc. liable for unlawful monopoly maintenance by a 3-1 majority. The dispute among the FTC Commissioners raises important and interesting issues regarding the law and economics of exclusive dealing and the proper evaluation of the competitive effects of exclusionary conduct. Commissioner Wright’s Dissent proposes and utilizes a new legal standard that requires the plaintiff to show “clear evidence” of harm to competition before shifting the burden to the defendant to show procompetitive efficiency benefits. This burden of proof and production on the plaintiff is much higher than showing “probable effect” based on a preponderance ...


Trade, Bert Chapman 2014 Purdue University

Trade, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides a historical overview of analysis of U.S. foreign trade policy during the early decades of the country's history. Examines bilateral U.S. trade relations with France and Great Britain, provides import and export statistics, details on commodities and products imports and exported, trade statistics, and information on the political and economic factors shaping U.S. trade during this period.


Una Visión De Futuro: Perspectivas Del Proceso De Fusión De La Bvl Y Cavali, John Pineda Galarza 2014 SelectedWorks

Una Visión De Futuro: Perspectivas Del Proceso De Fusión De La Bvl Y Cavali, John Pineda Galarza

John Pineda Galarza

Recientemente la Bolsa de Valores de Lima (BVL) y Cavali ICLV suscribieron un acuerdo no vinculante a fin de adelantar un proceso de integración societaria entre ambas mediante la fusión por absorción de Cavali por la BVL. En el presente artículo el autor analiza las posibles ventajas de dicha fusión, y explica las experiencias de otros países donde se han tomado iniciativas similares y con ello los posibles avances en nuevos instrumentos financieros.


An Analysis Of Patent System And Antitrust Law Issues In Oled Display Industry: Focusing On The Patent Strategy For Securing Technologies And Materials, Meyoung Ju Joung 2014 Maurer School of Law: Indiana University

An Analysis Of Patent System And Antitrust Law Issues In Oled Display Industry: Focusing On The Patent Strategy For Securing Technologies And Materials, Meyoung Ju Joung

Theses and Dissertations

This dissertation presents an analysis of patent system and antitrust law issue in OLED (Organic Light Emitting Diode) display industry focusing on the patent strategy for securing technologies and materials. Material patent holders of multinational companies wielding great market power in OLED industry have pursued a variety of strategic patenting including combination inventions and broadly claimed inventions to maintain their competitive position by extension of the market exclusively beyond the legitimate scope initially granted by the patent within the current regulatory framework. Recently, their questionable patents have been challenged through patent invalidation trials brought by prospective infringers, claiming that the ...


The Cost Of Doing Business In Asia: A Comparative Legal Study Of Environmental Regulations In The Emerging Markets Of Thailand, Malaysia, And Indonesia, Brooke R. Padgett 2014 Florida Coastal School of Law

The Cost Of Doing Business In Asia: A Comparative Legal Study Of Environmental Regulations In The Emerging Markets Of Thailand, Malaysia, And Indonesia, Brooke R. Padgett

Brooke R. Padgett

Abstract: This article explores whether voluntary standards, customary law, or more binding bilateral investment treaties are best for corporations, the emerging markets of Thailand, Indonesia, and Malaysia, and the environment itself. While corporations, markets, and the environment facially seem to have divergent priorities, environmental disasters are more costly after the fact than they are to prevent so in reality their priorities may not be so different after all. Some of the potential issues the paper will examine and address are big picture macro level such as fairness to future generations, intergenerational rights; the actual cost through questions of polluter pays ...


The Competing Approaches To The Foreign Trade Antitrust Improvements Act: A Fundamental Disagreement, Morgan Franz 2014 Pepperdine University

The Competing Approaches To The Foreign Trade Antitrust Improvements Act: A Fundamental Disagreement, Morgan Franz

Pepperdine Law Review

This Comment explores the history and reasoning behind a recent reexamination of the FTAIA in light of Arbaugh v. Y & H Corp., examines both the propriety and the implications of the competing interpretations of the FTAIA, and argues that the resolution of the competing approaches is beyond the purview of the lower courts. Part II provides an overview of the extraterritorial reach of the Sherman Act leading up to the FTAIA, as well as the judicial treatment of the FTAIA prior to Arbaugh. Part III discusses the impact of Arbaugh and subsequent Supreme Court cases applying the “clearly states” test ...


Market Impact, Loss Causation And Multiple Regression Modeling - The Importance Of Modular Theories Of Damage Causation In Antitrust Class Certification Motion Practice After Comcast V. Behrend, Laurence A. Steckman, Robert E. Conner, Stuart J. Rosenthal 2014 Touro College Jacob D. Fuchsberg Law Center

Market Impact, Loss Causation And Multiple Regression Modeling - The Importance Of Modular Theories Of Damage Causation In Antitrust Class Certification Motion Practice After Comcast V. Behrend, Laurence A. Steckman, Robert E. Conner, Stuart J. Rosenthal

Touro Law Review

No abstract provided.


Patent Misuse And Antitrust: Rebirth Or False Dawn?, Daryl Lim 2014 University of Michigan Law School

Patent Misuse And Antitrust: Rebirth Or False Dawn?, Daryl Lim

Michigan Telecommunications and Technology Law Review

This Article examines how two recent cases, F.T.C. v. Actavis and Kimble v. Marvel Enterprises Inc. could affect both the equitable defense of patent misuse and the patent-antitrust interface more generally. It begins by tracing the history of patent misuse and its reformulation into an “antitrust-lite” doctrine by the Federal Circuit. This Article presents new empirical data confirming this reformulation, and unveils the surprising influence of the Seventh Circuit and the Chicago School on that reformulation. The Article then explores Actavis and Kimble. It explains why Actavis will catalyze more antitrust challenges when patent rights are exercised, and ...


Pay-For-Delay Settlements In The Wake Of Actavis, Michael L. Fialkoff 2014 University of Michigan Law School

Pay-For-Delay Settlements In The Wake Of Actavis, Michael L. Fialkoff

Michigan Telecommunications and Technology Law Review

“Pay-for-delay” settlements, also known as reverse payments, arise when a generic manufacturer pursues FDA approval of a generic version of a brand-name drug. If a patent protects the brand-name drug, the generic manufacturer has the option of contesting the validity of the patent or arguing that its product does not infringe the patent covering the brand-name drug. If the generic manufacturer prevails on either of these claims, the FDA will approve its generic version for sale. Approval of a generic version of a brand-name drug reduces the profitability of the brand-name drug by forcing the brand-name manufacturer to price its ...


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 ...


Innovating To Improve Access: Changing The Way Courts Regulate Legal Markets, Gillian K. Hadfield 2014 BLR

Innovating To Improve Access: Changing The Way Courts Regulate Legal Markets, Gillian K. Hadfield

University of Southern California Legal Studies Working Paper Series

The vast majority of ordinary Americans lack any real access to courts as they struggle to navigate a world that is increasingly shaped by legal rules and obligations. Often this means simply forgoing legal rights and entitlements or giving up in the face of claims of wrongdoing. Among those who cannot avoid courts–such as those facing eviction, collection, or foreclosure and those seeking child support, custodial access, or protection from violence or harassment–the vast majority–as many as 99 percent in some cases–find themselves in court without any legal assistance at all. There are many reasons for ...


Foot Faults In Crunch Time: Temporal Variance In Sports Law And Antitrust Regulation, Jeffrey Standen 2014 Pepperdine University

Foot Faults In Crunch Time: Temporal Variance In Sports Law And Antitrust Regulation, Jeffrey Standen

Pepperdine Law Review

No abstract provided.


The Penn State "Consent Decree": The Ncaa's Coercive Means Don't Justify Its Laudable Ends, But Is There A Legal Remedy?, Matthew J. Mitten 2014 Pepperdine University

The Penn State "Consent Decree": The Ncaa's Coercive Means Don't Justify Its Laudable Ends, But Is There A Legal Remedy?, Matthew J. Mitten

Pepperdine Law Review

No abstract provided.


A Modest Proposal For Taming The Antitrust Beast, Gabe Feldman 2014 Pepperdine University

A Modest Proposal For Taming The Antitrust Beast, Gabe Feldman

Pepperdine Law Review

No abstract provided.


An Antitrust Exemption For The Ncaa: Sound Policy Or Letting The Fox Loose In The Henhouse?, Daniel E. Lazaroff 2014 Pepperdine University

An Antitrust Exemption For The Ncaa: Sound Policy Or Letting The Fox Loose In The Henhouse?, Daniel E. Lazaroff

Pepperdine Law Review

This Article focuses on the issues presented by the debate over granting the NCAA an exemption from federal antitrust law. Part II briefly describes the history of antitrust litigation involving the NCAA. Part III discusses some of the proposals for affording some type of antitrust immunity to the NCAA. Part IV explains the rationales utilized for some of the numerous antitrust exemptions Congress and the Supreme Court have created for some businesses and forms of commercial activity. Part V addresses the question of whether any of those rationales justifies providing the NCAA with a legislative or judicial antitrust exemption and ...


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