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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 ...


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.


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.


International Trade - Possible Undermining Of U.S. Pesticide And Food Safety Laws By The Draft Text Of The Uruguay Round Of Gatt Negotiations, Beth Sanders 2014 University of Georgia School of Law

International Trade - Possible Undermining Of U.S. Pesticide And Food Safety Laws By The Draft Text Of The Uruguay Round Of Gatt Negotiations, Beth Sanders

Georgia Journal of International & Comparative Law

No abstract provided.


Environmental Unilateralism And The Wto/Gatt System, Ilona Cheyne 2014 University of Georgia School of Law

Environmental Unilateralism And The Wto/Gatt System, Ilona Cheyne

Georgia Journal of International & Comparative Law

No abstract provided.


The World Trade Organization: Elevating Property Interests Above Human Rights, Marjorie Cohn 2014 University of Georgia School of Law

The World Trade Organization: Elevating Property Interests Above Human Rights, Marjorie Cohn

Georgia Journal of International & Comparative Law

No abstract provided.


The World Trade Organization And Its Interpretation Of The Article Xx Exceptions To The General Agreement Of Tariffs And Trade, In Light Of Recent Developments, Brandon L. Bowen 2014 University of Georgia School of Law

The World Trade Organization And Its Interpretation Of The Article Xx Exceptions To The General Agreement Of Tariffs And Trade, In Light Of Recent Developments, Brandon L. Bowen

Georgia Journal of International & Comparative Law

No abstract provided.


China - A National Regulatory Framework For The Prc's Stock Markets Begins To Emerge, Benjamin R. Tarbutton 2014 University of Georgia School of Law

China - A National Regulatory Framework For The Prc's Stock Markets Begins To Emerge, Benjamin R. Tarbutton

Georgia Journal of International & Comparative Law

No abstract provided.


The Rule Of Reason And The Scope Of The Patent, Herbert Hovenkamp 2014 University of Iowa

The Rule Of Reason And The Scope Of The Patent, Herbert Hovenkamp

Herbert Hovenkamp

For a century and a half the Supreme Court has described perceived patent abuses as conduct that reaches "beyond the scope of the patent." That phrase, which evokes an image of boundary lines in real property, has been applied to both government and private activity and has many different meanings. It has been used offensively to conclude that certain patent uses are unlawful because they extend beyond the scope of the patent. It is also used defensively, however, to characterize activities as lawful if they do not extend beyond the patent's scope. In the first half of the twentieth ...


A Comprehensive Economic And Legal Analysis Of Tying Arrangements, Guy Sagi 2014 Seattle University School of Law

A Comprehensive Economic And Legal Analysis Of Tying Arrangements, Guy Sagi

Seattle University Law Review

The law of tying arrangements as it stands does not correspond with modern economic analysis. Therefore, and because tying arrangements are so widely common, the law is expected to change and extensive academic writing is currently attempting to guide its way. In tying arrangements, monopolistic firms coerce consumers to buy additional products or services beyond what they intended to purchase. This pressure can be applied because a consumer in a monopolistic market does not have the alternative to buy the product or service from a competing firm. In the absence of such choice, the monopolistic firm can allegedly force the ...


E-Books, Collusion, And Antitrust Policy: Protecting A Dominant Firm At The Cost Of Innovation, Nicholas Timchalk 2014 Seattle University School of Law

E-Books, Collusion, And Antitrust Policy: Protecting A Dominant Firm At The Cost Of Innovation, Nicholas Timchalk

Seattle University Law Review

Amazon’s main rival, Apple, went to great lengths and took major risks to enter the e-book market. Why did Apple simply choose not to compete on the merits of its product and brand equity (the iPad and iBookstore) as it does with its other products? Why did Apple decide not to continue to rely on its earlier success of situating its products differently in the market than other electronics and working hard to be different and cutting-edge with its e-book delivery? This Note argues that the combination of Amazon’s 90% market share, network externalities, and an innovative technology ...


Ncaa Amateurism And Athletics: A Perfect Marriage Or A Dysfunctional Relationship? -An Antitrust Approach To Student-Athlete Compensation, Edward H. Grimmett 2014 Touro College Jacob D. Fuchsberg Law Center

Ncaa Amateurism And Athletics: A Perfect Marriage Or A Dysfunctional Relationship? -An Antitrust Approach To Student-Athlete Compensation, Edward H. Grimmett

Touro Law Review

No abstract provided.


Trouble Abroad: Microsoft's Antitrust Problems Under The Law Of The European Union, Justin O'Dell 2014 University of Georgia School of Law

Trouble Abroad: Microsoft's Antitrust Problems Under The Law Of The European Union, Justin O'Dell

Georgia Journal of International & Comparative Law

No abstract provided.


Sweeping Protectionism Under The Rug: Neoprotectionist Measures Among Mercosur Countries In A Time Of Trade-Liberalization, Jon M. Tate 2014 University of Georgia School of Law

Sweeping Protectionism Under The Rug: Neoprotectionist Measures Among Mercosur Countries In A Time Of Trade-Liberalization, Jon M. Tate

Georgia Journal of International & Comparative Law

No abstract provided.


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