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Bidder Collusion And Antitrust Law: Refining The Analysis Of Price Fixing To Account For The Special Features Of Auction Markets, Robert Marshall, Michael J. Meurer
Bidder Collusion And Antitrust Law: Refining The Analysis Of Price Fixing To Account For The Special Features Of Auction Markets, Robert Marshall, Michael J. Meurer
Faculty Scholarship
Courts and commentators have painstakingly analyzed antitrust policy toward horizontal price fixing, but surprisingly, one of the most common forms of price fixing--bidder collusion-has escaped the sustained attention of antitrust lawyers. We attribute this inattention to the mistaken belief that the economics of bidder collusion is essentially equivalent to the economics of price fixing in posted-price markets. However, there are significant differences regarding the economics of collusion in auction and procurement markets as compared to posted-price markets, and we derive antitrust policy recommendations that apply specifically to bidder collusion in this article.
Gaining Momentum: A Review Of Recent Developments Surrounding The Expansion Of The Copyright Misuse Doctrine And Analysis Of The Doctrine In Its Current Form, Woodrow Hartzog
Faculty Scholarship
The United States intellectual property ("IP") system is the foundation for incentives for authors and inventors to create and invent so that their work will be distributed to the public for the betterment of society. These incentives, in the form of limited monopolies over creations via patents, copyrights, and trademarks, are becoming increasingly important as the United States depends upon intellectual property to sustain its economy. As the intellectual property industry grows, it becomes vital to preserve the impetus behind its creation: the public good, or more specifically, the public's ability to make use of and enjoy new ideas and …