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Full-Text Articles in Law

Microsoft's Antitrust Travails, Keith N. Hylton Dec 2014

Microsoft's Antitrust Travails, Keith N. Hylton

Faculty Scholarship

Andrew Gavil and Harry First’s book on the Department of Justice’s litigation against Microsoft will undoubtedly become one of the standard references for anyone who studies these cases in the future. This litigation has been a big enterprise in the courts, especially the landmark D.C. Circuit opinion in 2001. 1 Repercussions continue today, with new raids on Microsoft’s operations in China to investigate vaguely described concerns of the Chinese government over product bundling and interoperability, issues at the core of the Microsoft litigation from the start.

Gavil and First have two goals: to provide a road map and history of …


The Appropriate Legal Standard And Sufficient Economic Evidence For Exclusive Dealing Under Section 2: The Ftc’S Mcwane Case, Steven C. Salop, Sharis A. Pozen, John R. Seward Aug 2014

The Appropriate Legal Standard And Sufficient Economic Evidence For Exclusive Dealing Under Section 2: The Ftc’S Mcwane Case, Steven C. Salop, Sharis A. Pozen, John R. Seward

Georgetown Law Faculty Publications and Other Works

The FTC recently found McWane, Inc. liable for unlawful monopoly maintenance by a 3-1 majority. The dispute among the FTC Commissioners raises important and interesting issues regarding the law and economics of exclusive dealing and the proper evaluation of the competitive effects of exclusionary conduct. Commissioner Wright’s Dissent proposes and utilizes a new legal standard that requires the plaintiff to show “clear evidence” of harm to competition before shifting the burden to the defendant to show procompetitive efficiency benefits. This burden of proof and production on the plaintiff is much higher than showing “probable effect” based on a preponderance of …


Vol. 5 No. 2, Spring 2014; Pay-For-Delay And Interstate Commerce: Why Congress Or The Supreme Court Must Take Action Opposing Reverse Payment Settlements, Corey Hickman May 2014

Vol. 5 No. 2, Spring 2014; Pay-For-Delay And Interstate Commerce: Why Congress Or The Supreme Court Must Take Action Opposing Reverse Payment Settlements, Corey Hickman

Northern Illinois Law Review Supplement

A pay-for-delay drug settlement, also called a reverse payment settlement, occurs when a brand name pharmaceutical company agrees to pay the maker of a similar generic drug to delay the release of the generic drug into the stream of commerce, thereby allowing the brand name pharmaceutical company to eliminate competition for an extended period of time. These agreements allow both the brand name manufacturer and the generic manufacturer to profit immensely. These settlements cost the American public an estimated $3.5 billion per year. Further, reverse payment settlements on average prevent generic drugs from entering the stream of commerce for an …


Elhauge On Tying: Vindicated By History, Barak D. Richman, Steven W. Usselman Jan 2014

Elhauge On Tying: Vindicated By History, Barak D. Richman, Steven W. Usselman

Faculty Scholarship

No abstract provided.


Kamakahi V. Asrm: The Egg Donor Price Fixing Litigation, Kimberly D. Krawiec Jan 2014

Kamakahi V. Asrm: The Egg Donor Price Fixing Litigation, Kimberly D. Krawiec

Faculty Scholarship

In April 2011, Lindsay Kamakahi caused an international stir by suing the American Society for Reproductive Medicine (ASRM), the Society for Assisted Reproductive Technology (SART), SART-member fertility clinics, and a number of egg donor agencies on behalf of herself and other oocyte donors. The suit challenged the ASRM-SART oocyte donor compensation guidelines, which limit payments to egg donors to $5,000 ($10,000 under special circumstances), as an illegal price-fixing agreement in violation of United States antitrust laws.

Ensuing discussion of the case has touched on familiar debates surrounding coercion, commodification, and exploitation. It has also revealed many misconceptions about oocyte donation, …


Do You Believe He Can Fly? Royce White And Reasonable Accommodations Under The Americans With Disabilities Act For Nba Players With Anxiety Disorder And Fear Of Flying, Michael Mccann Jan 2014

Do You Believe He Can Fly? Royce White And Reasonable Accommodations Under The Americans With Disabilities Act For Nba Players With Anxiety Disorder And Fear Of Flying, Michael Mccann

Law Faculty Scholarship

This Article examines the legal ramifications of Royce White, a basketball player with general anxiety disorder and obsessive compulsive disorder, playing in the NBA. White's conditions cause him to have a fear of flying, thus making it difficult to play in the NBA. This subject is without precedent in sports law and, because of the unique aspects of an NBA playing career, lacks clear analogy to other employment circumstances. This dispute also illuminates broader legal and policy issues in the relationship between employment and mental illness.

This Article argues that White would likely fail in a lawsuit against an NBA …


A Restatement Of Health Care Law, David Orentlicher Jan 2014

A Restatement Of Health Care Law, David Orentlicher

Scholarly Works

No abstract provided.