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Antitrust and Trade Regulation Commons™

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2007

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Institution
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Articles 91 - 94 of 94

Full-Text Articles in Antitrust and Trade Regulation

Canadian Softwood Lumber And Free Trade Under Nafta, Sydney M. Cone Iii. Jan 2007

Canadian Softwood Lumber And Free Trade Under Nafta, Sydney M. Cone Iii.

Articles & Chapters

Canada and the United States have been involved in a long-running dispute over U.S. efforts to protect U.S. producers of softwood lumber by imposing high duties on imports of Canadian-origin softwood lumber. This dispute was prolonged by virtue of the fact that Canada and the United States not only are parties to the North American Free Trade Agreement ("NAFTA"), but also are members of the World Trade Organization ("WTO"). NAFTA contains provisions for the resolution of a trade dispute by an arbitration panel. A WTO agreement known as the Dispute Settlement Understanding ("DSU") separately provides for the creation of panels …

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A Comparison Between U.S. And E.U. Antitrust Treatment Of Tying Claims Against Microsoft: When Should The Bundling Of Computer Software Be Permitted?, James F. Ponsoldt, Christopher D. David Jan 2007

A Comparison Between U.S. And E.U. Antitrust Treatment Of Tying Claims Against Microsoft: When Should The Bundling Of Computer Software Be Permitted?, James F. Ponsoldt, Christopher D. David

Scholarly Works

This article will analyze the recent U.S. and E.U. judicial approaches to tying charges which stem from software bundling. Part II reviews U.S. tying jurisprudence both generally and as applied to software bundling. Part III outlines the D.C. Circuit's approach to Microsoft's Windows/Internet Explorer bundle. Part IV briefly covers tying jurisprudence in the European Union. Part V describes the European Commission's (“E.C.”) analysis of Microsoft's Window/Windows Media Player bundle. By comparing the two approaches, Part VI shows that neither approach is ideal: although the U.S. approach offers too little guidance to software manufacturers seeking to avoid liability and unduly discounts …

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Patent Ships Sail An Antitrust Sea, Joseph S. Miller Jan 2007

Patent Ships Sail An Antitrust Sea, Joseph S. Miller

Scholarly Works

This brief essay arises from my participation in an April 2006 conference at Seattle University Law School, entitled At the Intersection of Antitrust and Intellectual Property Law: Looking Both Ways to Avoid a Collision. This intersection metaphor is a common one for describing antitrust law's relationship with intellectual property law, among both courts and commentators. This essay explores a different metaphor: patent ships sail an antitrust sea, protecting those aboard from competition's harshest dangers - but only for a time. The nautical metaphor evokes three ideas that the crossroads metaphor does not. First, vigorous competition is the pervasive, baseline reality; …

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The Folklore Of Legal Biography, Mark Fenster Jan 2007

The Folklore Of Legal Biography, Mark Fenster

Michigan Law Review

Spencer Weber Waller's Thurman Arnold: A Biography faces the problem of making this life stand out, and this Review seeks both to evaluate his rendering-which it does in Part II, after providing more details of the raw materials of Arnold's life in Part I-and to use Arnold's ideas to reflect on the endeavor of the legal biography. Although other works bearing on Arnold's life have been available,' Waller's competent, readable chronicle will provide an authoritative source of information and satisfy the desires of general readers interested in accomplished legal lives and seeking a straightforward account of Arnold's career. But Waller's …

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