Law Commons^™

Federal Judicial And Legislative Jurisdiction Over Entities Abroad: The Long-Arm Of U.S. Antitrust Law And Viable Solutions Beyond The Timberlane/Restatement Comity Approach, Michael G. Mckinnon

Pepperdine Law Review

No abstract provided.

Messner'S Effect On Hospital Consolidation And Anticompetitive Behavior, Jaclyn Bacallao

Seventh Circuit Review

By 2021, healthcare spending is expected to reach a whopping twenty percent of gross domestic product. One of the less-publicized causes of the rapid growth in healthcare costs is hospital consolidation, which has allowed hospitals to use their market power to raise prices for private payors.

Attempts to limit abuses of market power in this sector have been insufficient. From the 1980s until the early 1990s, the Federal Trade Commission and the Department of Justice blocked every anticompetitive merger. However, the tides changed in the mid-1990s when the regulators lost five successive cases that challenged hospital mergers. Economists were astounded …

Antitrust As Regulation, Alan Devlin

San Diego Law Review

Antitrust, properly understood, plays a modest role in constraining commercial behavior. With respect to unilateral conduct, it does not prohibit monopoly or the fortuitous or quality-based acquisition of the same. It generally permits dominant companies to enjoy the fruits of their positions and does not speak to the propriety of excessive pricing. It does not impose service obligations on monopolists, nor does it generally limit their right to price discriminate amongst their consumers. It merely prohibits monopolists' artificial creation of impediments to competition--so-called exclusionary practices. With respect to concerted behavior, the law allows a vast swathe of private agreements, even …

American Needle’S Progeny? Tennis And Antitrust, Ryan M. Rodenberg, Daniel Hauptman

Pace Intellectual Property, Sports & Entertainment Law Forum

Decided in the shadow of the U.S. Supreme Court’s May 2010 decision in American Needle v. NFL, Ryan M. Rodenberg and Daniel Hauptman analyze Deutscher Tennis Bund v. ATP World Tour (hereinafter DTB v. ATP) and aim to explain its implications for individual sports (e.g. tennis and golf) and sport governance generally. Treatment is afforded to both the District Court’s jury verdict and the Third Circuit’s appellate decision in DTB v. ATP. Despite being the first federal appellate sports antitrust decision rendered following American Needle, this article concludes that DTB v. ATP should not be considered an …

Continuing The Conversation Of "The Economic Irrationality Of The Patent Misuse Doctrine", Christa J. Laser

Chicago-Kent Journal of Intellectual Property

This Article uses economic tools to find the best way for courts to construe or for Congress to modify the patent misuse doctrine. It attempts to continue the conversation begun by Professor Mark Lemley in his often-cited Comment, The Economic Irrationality of the Patent Misuse Doctrine. It argues that a partial economic equilibrium in patent misuse doctrine can be achieved by attempting to match Congress’s intended patent scope with the actual patent scope. It then holds that the ideal patent misuse doctrine should (1) adequately discourage patentees from seeking to exceed their patent scope while (2) continuing to encourage innovation …

The Plumpy'nut Predicament: Is Compulsory Licensing A Solution?, Umar R. Bakhsh

Chicago-Kent Journal of Intellectual Property

No abstract provided.

The Institutions Of Antitrust Law: How Structure Shapes Substance, William E. Kovacic

Michigan Law Review

Daniel Crane's The Institutional Structure of Antitrust Enforcement ("Institutional Structure") may do for antitrust law what Essence of Decision did for public administration. Unlike most literature on antitrust law, this superb volume does not address pressing issues of substantive analysis (e.g., when can dominant firms offer loyalty discounts?). Instead, Institutional Structure studies the design and operation of the institutions of U.S. antitrust enforcement. Professor Crane skillfully advances a basic and powerful proposition: to master analytical principles without deep knowledge of the policy implementation mechanism is dangerously incomplete preparation for understanding the U.S. antitrust system, or any body of competition law. …

Antitrust Rulemaking As A Solution To Abuse On The Standard-Setting Process, Adam Speegle

Michigan Law Review

While many recognize the critical role that technology plays in modern life, few appreciate the role that standards play in contributing to its success. Devices as prevalent as the modern laptop computer for example, may be governed by over 500 interoperability standards, regulating everything from the USB drive to the memory chip. To facilitate adoption of such standards, firms are increasingly turning to standard-setting organizations. These organizations consist of members of an industry who agree to abide by the organization's bylaws, which typically regard topics such as patent disclosure and reasonable licensing. Problems arise, however, when members violate these bylaws …

Third And Extremely Long: Why The Elimination Of The Bcs Seems All But Impossible, Brad Taconi

The Journal of Business, Entrepreneurship & the Law

On January 8, 2009, the University of Florida Gators defeated the University of Oklahoma Sooners in Miami, Florida to win the Bowl Championship Series (“BCS”) Championship Game. As a result of their victory, the Gators were named the Associated Press National Champions after capturing forty eight out of a possible sixty five first place votes. The win on the football field gave the Gators their second national championship in three seasons, but it also reignited a debate about the inherent fairness of the BCS system: whether the BCS violates antitrust law, and whether the federal government should interject and force …

Antitrust Law And Virtual Worlds, Marques Tracy

The Journal of Business, Entrepreneurship & the Law

Much has been written about the law in virtual worlds, though the focus has been on the more obviously applicable areas of the law, namely property, copyright, and crime. Indeed, in the few instances when disputes involving virtual worlds have reached a federal court, the focus has usually been on contract or copyright claims. It is the purpose of this paper to argue for the use of the antitrust laws as set forth in sections 1 and 2 of the Sherman Act, and possibly the Clayton Act, to forestall the anticompetitive behavior of virtual world developers. First, this paper will …

With The Illinois Brick Wall Down, What's Left?: Determining Antitrust Standing Under State Law, Kellen S. Dwyer

The Journal of Business, Entrepreneurship & the Law

This Article deals with a problem which has repeatedly arisen in state and federal courts, resulting in a number of splintered opinions. In 1977, the Supreme Court ruled that only direct purchasers of a price-fixed product may sue under the Sherman Act. Thus, under the "Illinois Brick rule," consumers who buy a price-fixed product from a middle-man may not sue. Many states responded by passing "Illinois Brick repealers" which aimed to allow such suits. This Article addresses two questions which have divided the state and federal courts: Did the Illinois Brick repealers grant automatic standing to any indirect purchaser of …

Deviated, Unsound, And Self-Retreating: A Critical Assessment Of The Princo V. Itc En Banc Decision, Richard Li-Dar Wang

Marquette Intellectual Property Law Review

The licensing dispute between Philips and Taiwan CD-R/RW manufacturers has been a powerful generator of new developments in the field of patent and competition, which culminated with the United States Court of Appeals for the Federal Circuit's Princo en banc decision in 2010. By adding new elements to the patent-misuse test, this decision confined the applicable area of the patent-misuse doctrine to the restrictions that patent owners impose on licensees, thus substantially constraining its scope and changing its landscape. After careful review of the Federal Circuit's holding and reasoning, this article finds that this decision deviating from United States Supreme …

"No Inventions, No Innovations": Reassessing The Government's Antitrust Case Against United States Steel Corporation, Guy B. Maseritz

Journal of Business & Technology Law

No abstract provided.

An Institutional Defense Of Antitrust Immunity For International Airline Alliances, Gabriel S. Sanchez

Catholic University Law Review

No abstract provided.