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Full-Text Articles in Law

Gasoline Prices And Antitrust Law: Fixing The Price-Fixing Dilemma Of Sherman Act § 1 Analysis, Greg Hubbard Mar 2007

Gasoline Prices And Antitrust Law: Fixing The Price-Fixing Dilemma Of Sherman Act § 1 Analysis, Greg Hubbard

Nevada Law Journal

No abstract provided.


Academic Testimony On Unilateral Conduct Before The U.S. Dept. Of Justice & Federal Trade Commission Hearings, Aaron S. Edlin Jan 2007

Academic Testimony On Unilateral Conduct Before The U.S. Dept. Of Justice & Federal Trade Commission Hearings, Aaron S. Edlin

Aaron Edlin

No abstract provided.


Thirty Years Of Solicitude: Antitrust Law And Physician Cartels, Thomas L. Greaney Jan 2007

Thirty Years Of Solicitude: Antitrust Law And Physician Cartels, Thomas L. Greaney

All Faculty Scholarship

Over the last thirty years the Federal Trade Commission and the Department of Justice have challenged dozens of physician cartels, networks, and other arrangements that they alleged constituted price fixing or other restraints of trade under the antitrust laws. In addition, the antitrust agencies have issued numerous advisory opinions, published detailed statements of enforcement policy, and made dozens of public statements on the issue of physician collaboration. The puzzle explored in this essay is why the government's deployment of unparalleled enforcement resources has not curtailed physician attempts to engage in collective bargaining and other attempts to restrain price competition. It …


The Importance Of History To The Design Of Competition Policy Strategy: The Federal Trade Commission And Intellectual Property Law, William E. Kovacic Jan 2007

The Importance Of History To The Design Of Competition Policy Strategy: The Federal Trade Commission And Intellectual Property Law, William E. Kovacic

Seattle University Law Review

The Article's framework for considering the value of history in shaping strategy is the effort of the Federal Trade Commission (FTC) to apply its competition policy powers to issues involving intellectual property (IP). The Article chooses the example of intellectual property because of its importance to the modern work of the FTC and the increasingly significant place that intellectual property and, more generally, technology-driven innovation hold in the field of competition policy. To provide context for the discussion, Part II of the Article presents a profile of the FTC's modern competition policy initiatives concerning intellectual property. Part III then reviews …


Antitrust Issues In The Settlement Of Patent Disputes, Part Iii, Thomas B. Leary Jan 2007

Antitrust Issues In The Settlement Of Patent Disputes, Part Iii, Thomas B. Leary

Seattle University Law Review

Once again, I will address the issue of litigation settlements between companies that hold patents on pharmaceutical products (sometimes "pioneers") and would-be generic entrants ("generics") who challenge the validity of the patent and/or a claim of infringement. This discussion will focus on the Tamoxifen opinion, with passing reference to other decisions. Obviously, reasonable people can disagree on these issues, but I still believe the Commission's approach in Schering was correct.