Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Muzzling Antitrust: Information Products, Innovation And Free Speech, Hillary Greene
Muzzling Antitrust: Information Products, Innovation And Free Speech, Hillary Greene
Faculty Articles and Papers
How well does the American legal system balance the diverse values society espouses? Courts must often navigate values that are not consistent, commensurate, or subject to ordinal ranking. This article examines the confluence of incommensurate values within the important context of antitrust challenges to information product redesigns (e.g., Google, Nielsen). The information economy has given rise to the emergence of powerful firms in the business of information products. Some of these firms have had product redesigns challenged as anticompetitive. This article examines two defenses to these challenges. First, the products constitute protected speech and should be immunized entirely from antitrust …
Merging Innovation Into Antitrust Agency Enforcement Of The Clayton Act, Hillary Greene
Merging Innovation Into Antitrust Agency Enforcement Of The Clayton Act, Hillary Greene
Faculty Articles and Papers
The treatment of innovation within the merger context by U.S. Antitrust Agencies continues to evolve, with regard to both general statements of enforcement policy and specific enforcement decisions. The respective merger guidelines issued by the Department of Justice and the Federal Trade Commission did not consider potential impacts on innovation or research and development until 1982, and then only in passing. By contrast, their joint 2010 Horizontal Merger Guidelines devote an entire section to innovation issues. This Essay examines both the frequency and manner with which the Antitrust Agencies invoke innovation-based concerns within their respective merger challenges from 2004-2014. It …
Judicial Treatment Of The Antitrust Treatise, Hillary Greene, D. Daniel Sokol
Judicial Treatment Of The Antitrust Treatise, Hillary Greene, D. Daniel Sokol
Faculty Articles and Papers
Herbert Hovenkamp has had a tremendous impact in antitrust scholarship. With over 4000 citations in the WestlawJLR database (most of which are for his antitrust scholarship), Hovenkamp is one of the most cited scholars in legal academia and has been recognized by the legal academy and the bar for his contribution to antitrust.' Hovenkamp's total citations are in part a function of his academic outputs; with 12 books (including monographs, edited books, and case books), plus the two-volume treatise on IP and Antitrust and the 2 i-volume Antitrust Law: An Analysis of Antitrust Principles and Their Application ("Treatise"), Hovenkamp could …