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Full-Text Articles in Law
The First Liability Insurance Cartel In America, 1896-1906, Sachin S. Pandya
The First Liability Insurance Cartel In America, 1896-1906, Sachin S. Pandya
Faculty Articles and Papers
This article studies the rise and fall of the first liability insurance cartel in the United States. In 1886, insurance companies in America began selling liability insurance for personal injury accidents, primarily to cover business tort liability for employee accidents at work and non-employee injuries occasioned by their business operations. In 1896, the leading liability insurers agreed to fix premium rates and share information on policyholder losses. In 1906, this cartel fell apart. Although largely forgotten until now, the rise and fall of this cartel confirms the expectations of both cartel theory and past studies of insurance cartels, largely in …
Non-Per Se Treatment Of Buyer Price-Fixing In Intellectual Property Settings, Hillary Greene
Non-Per Se Treatment Of Buyer Price-Fixing In Intellectual Property Settings, Hillary Greene
Faculty Articles and Papers
The ability of intellectual property owners to earn monopoly rents and the inability of horizontal competitors to price fix legally are two propositions that are often taken as givens. This article challenges the wholesale adoption of either proposition within the context of buyer price-fixing in intellectual property markets. More specifically, it examines antitrust law’s role in protecting patent holders’ rents through its condemnation of otherwise ostensibly efficient buyer price fixing. Using basic economic analysis, this article refines the legal standards applicable at this point of intersection between antitrust and patent law. In particular, the author recommends the limited abandonment of …