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Full-Text Articles in Law

Contracts And Electronic Agents, Sabrina Kis Aug 2004

Contracts And Electronic Agents, Sabrina Kis

LLM Theses and Essays

The purpose of this thesis is to analyze the formation of contracts concluded by electronic agents both in the European Union and the United States. Technology is in constant evolution and the possibilities offered by electronic agents today are far from the ones that could be developed tomorrow. Thus, law faces a permanent challenge to adapt itself to these changes. This paper aims to show that the existing principles do not provide an appropriate legal frame for this new type of contract. In addition, since legislatures have attempted to regulate this new way of doing business, this thesis analyzes the …


Unilateral Refusals To Deal In Intellectual Property As Monopolistic Conduct, Bolanle Meshida May 2004

Unilateral Refusals To Deal In Intellectual Property As Monopolistic Conduct, Bolanle Meshida

LLM Theses and Essays

Much has been written about the antitrust intellectual property conflict. The former promotes competition by prohibiting monopolies that harm competition, while the latter promotes competition by granting monopolies. This paper focuses on refusals to deal in intellectual property rights as violation of antitrust law. The paper explores refusals to deal as monopolistic conduct in antitrust law and relates this with refusals to deal in intellectual property rights. The paper concludes with an analysis of the success rate of antitrust scrutiny of intellectual property rights.