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Articles 1 - 30 of 33
Full-Text Articles in Law and Economics
China And India Competition Laws: A Comparison, Giulia Piombi
China And India Competition Laws: A Comparison, Giulia Piombi
Giulia Piombi
No abstract provided.
Toward A Unified Theory Of Access To Local Telephone Systems, Daniel F. Spulber, Christopher S. Yoo
Toward A Unified Theory Of Access To Local Telephone Systems, Daniel F. Spulber, Christopher S. Yoo
All Faculty Scholarship
One of the most distinctive developments in telecommunications policy over the past few decades has been the increasingly broad array of access requirements regulatory authorities have imposed on local telephone providers. In so doing, policymakers did not fully consider whether the justifications for regulating telecommunications remained valid. They also allowed each access regime to be governed by its own pricing methodology and set access prices in a way that treated each network component as if it existed in isolation. The result was a regulatory regime that was internally inconsistent, vulnerable to regulatory arbitrage, and unable to capture the interactions among …
The Enduring Lessons Of The Breakup Of At&T: A Twenty-Five Year Retrospective, Christopher S. Yoo
The Enduring Lessons Of The Breakup Of At&T: A Twenty-Five Year Retrospective, Christopher S. Yoo
All Faculty Scholarship
On April 18-19, 2008, the University of Pennsylvania Law School hosted a landmark conference on “The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective.” This conference was the first major event for Penn’s newly established Center for Technology, Innovation, and Competition, a research institute committed to promoting basic research into foundational frameworks that will shape the way policymakers think about technology-related issues in the future. The breakup of AT&T represents an ideal starting point for reexamining the major themes of telecommunications policy that have emerged over the past quarter century. The conference featured a keynote address by …
The Fundamental Goal Of Antitrust: Protecting Consumers, Not Increasing Efficiency, John B. Kirkwood, Robert H. Lande
The Fundamental Goal Of Antitrust: Protecting Consumers, Not Increasing Efficiency, John B. Kirkwood, Robert H. Lande
All Faculty Scholarship
The conventional wisdom in the antitrust community is that the purpose of the antitrust laws is to promote economic efficiency. That view is incorrect. As this article shows, the fundamental goal of antitrust law is to protect consumers.
This article defines the relevant economic concepts, summarizes the legislative histories, analyzes recent case law in more depth than any prior article, and explores the most likely bases for current popular support of the antitrust laws. All these factors indicate that the ultimate goal of antitrust is not to increase the total wealth of society, but to protect consumers from behavior that …
Schumpeterian Competition And Antitrust, Herbert J. Hovenkamp
Schumpeterian Competition And Antitrust, Herbert J. Hovenkamp
All Faculty Scholarship
Joseph Schumpeter's vision of competition saw it as a destructive process in which effort, assets and fortunes were continuously destroyed by innovation. One possible implication is that antitrust's attention on short-run price and output issues is myopic: what seems at first glance to be a monopolistic exclusionary practice might really be an innovative enterprise with enormous payoffs in the long run. While this may be the case, three qualifications are critical. First, one must not confuse the prospect of innovation with the scope of the intellectual property laws; their excesses and special interest capture cast serious doubt on the proposition …
Insource The Shareholding Of Outsourced Employees: A Global Stock Ownership Plan, Robert C. Hockett
Insource The Shareholding Of Outsourced Employees: A Global Stock Ownership Plan, Robert C. Hockett
Cornell Law Faculty Publications
With the American economy stalled and another federal election campaign season well underway, the “outsourcing” of American jobs is again on the public agenda. Latest figures indicate not only that claims for joblessness benefits are up, but also that the rate of American job-exportation has more than doubled since the last electoral cycle. This year’s political candidates have been quick to take note. In consequence, more than at any time since the early 1990s, continued American participation in the World Trade Organization, in the North American Free Trade Agreement, and in the processes of global economic integration more generally appear …
The Walker Process Doctrine: Infringement Lawsuits As Antitrust Violations, Herbert J. Hovenkamp
The Walker Process Doctrine: Infringement Lawsuits As Antitrust Violations, Herbert J. Hovenkamp
All Faculty Scholarship
Antitrust law's Walker Process doctrine permits a patent infringement defendant to show that an improperly maintained infringement action constitutes unlawful monopolization or an unlawful attempt to monopolize. The infringement defendant must show both that the lawsuit is improper, which establishes the conduct portion of the violation and generally satisfies tort law requirements, and also that the structural prerequisites for the monopolization offense are present. The doctrine also applies to non-patent infringement actions and has been applied by the Supreme Court to copyright infringement actions. Walker Process itself somewhat loosely derives from the Supreme Court's Noerr-Pennington line of cases holding that …
Unilateral Refusals To Deal, Vertical Integration, And The Essential Facility Doctrine, Herbert J. Hovenkamp
Unilateral Refusals To Deal, Vertical Integration, And The Essential Facility Doctrine, Herbert J. Hovenkamp
All Faculty Scholarship
Where it applies, the essential facility doctrine requires a monopolist to share its "essential facility." Since the only qualifying exclusionary practice is the refusal to share the facility itself, the doctrine comes about as close as antitrust ever does to condemning "no fault" monopolization. There is no independent justification for an essential facility doctrine separate and apart from general Section 2 doctrine governing the vertically integrated monopolist's refusal to deal. In its Trinko decision the Supreme Court placed that doctrine about where it should be. The Court did not categorically reject all unilateral refusal to deal claims, but it placed …
The Antitrust Standard For Unlawful Exclusionary Conduct, Herbert J. Hovenkamp
The Antitrust Standard For Unlawful Exclusionary Conduct, Herbert J. Hovenkamp
All Faculty Scholarship
This essay considers the general definition of unlawful exclusionary practices under Section 2 of the Sherman Act as acts that: (1) are reasonably capable of creating, enlarging or prolonging monopoly power by impairing the opportunities of rivals; and (2) that either (2a) do not benefit consumers at all, or (2b) are unnecessary for the particular consumer benefits claimed for them, or (2c) produce harms disproportionate to any resulting benefits. An important purpose of this progression of queries is to permit the court to avoid balancing, although balancing certainly cannot be avoided in some close cases. The given definition is very …
Tercer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García
Tercer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García
Bruno L. Costantini García
Tercer Congreso Nacional de Organismos Públicos Autónomos
"Autonomía, Reforma Legislativa y Gasto Público"
The Politics Of Competition: Review Of Clifford Winston's Government Failure Versus Market Failure: Microeconomics Policy Research And Government Performance And Mark K. Landy, Martin A. Levin & Martin Shapiro, Eds., Creating Competitive Markets: The Politics Of Regulatory Reform, Russell P. Hanser
Federal Communications Law Journal
Two recent books focus attention on the role of regulation in the modem economy and the reasons why efforts at deregulation succeed or fail. Clifford Winston's Government Failure Versus Market Failure: Microeconomics Policy Research and Government Performance reviews empirical studies of regulation and its alternatives, arguing that economic regulation has quite often done more harm than good. In Creating Competitive Markets: The Politics of Regulatory Reform, editors Mark K. Landy, Martin A. Levin and Martin Shapiro collect essays addressing the political dangers faced by those pursuing market liberalization, both before and (especially) after reform is enacted. Read together, these books …
Patent Deception In Standard Setting: The Case For Antitrust Policy, Herbert J. Hovenkamp
Patent Deception In Standard Setting: The Case For Antitrust Policy, Herbert J. Hovenkamp
All Faculty Scholarship
Many patent applications are rejected upon initial submission, but they are almost never rejected with absolute finality. Further, subsequent to filing its original application a patent applicant might wish to write an application with broader or somewhat different claims, or perhaps add claims that were not made in the original application. Or it may wish to rewrite claims that had been rejected in the original application. A patent "continuation" is an application for additional claims made on a patent that was previously applied for.
Under generally accepted patent practices in the United States, when a subsequent continuation or divisional application …
Beyond Microsoft: Intellectual Property, Peer Production And The Law's Concern With Market Dominance, 18 Fordham Intell. Prop. Media & Ent. L.J. 291 (2008), Daryl Lim
UIC Law Open Access Faculty Scholarship
No abstract provided.
Economics, Law And Institutions: The Shaping Of Chinese Competition Law, David J. Gerber
Economics, Law And Institutions: The Shaping Of Chinese Competition Law, David J. Gerber
All Faculty Scholarship
China has been considering enactment of an anti-monopoly (antitrust) law since 1993, and it has now enacted such a law. Given the potential importance of this legislation, there is much uncertainty about what the enactment means and what roles it is likely to play in influencing the development of the Chinese economy. This article applies a neo-institutionalist analysis in examining some of the factors that have influenced the shaping of the legislation and that are likely to influence the operation of competition law and its organizations. The main argument is that the central dynamic in both the creation of the …
The “Institutional Turn” In Jurisprudence: Critique And Reconstruction., Andres Palacios Lleras
The “Institutional Turn” In Jurisprudence: Critique And Reconstruction., Andres Palacios Lleras
Andrés Palacios Lleras
This paper engages in a inquiry into the roles that courts play within the legal system, given that judges are interdependent interpreters of legal rules that are boundedly rational and, arguably, politically biased. Contemporary authors claim that, although these two conditions play an important role in interpretation, contemporary theories in jurisprudence have not addressed them properly. Their assessments raise legal issues that are very significant; given the fact that judges are boundedly rational and tend to display political biases, how should they interpret legal rules? Is it best for them to interpret these rules in a formalist fashion, without resorting …
The Indeterminate Side Of Constitutions As Precommitment Strategies, Andres Palacios Lleras
The Indeterminate Side Of Constitutions As Precommitment Strategies, Andres Palacios Lleras
Andrés Palacios Lleras
This paper engages in a time-honored inquiry in American jurisprudence, an inquiry which continues to be invigorated by contemporary studies in Constitutional Law. It is an inquiry into the determinacy of the American Constitution as a legal text, taking into account that it was drafted and approved more than two hundred years ago with the purpose, arguably, to organize present and future political decision-making. Some contemporary authors claim that the discussion about the role of the Constitution is muddled, and that to acknowledge its authority does not necessarily entail a theory of constitutional interpretation. Furthermore, other authors have claimed that …
Law And Morality, Mubashshir Sarshar
Natural Justice And Its Applications In Administrative Law, Mubashshir Sarshar
Natural Justice And Its Applications In Administrative Law, Mubashshir Sarshar
Mubashshir Sarshar
No abstract provided.
Capacity Of The State And Its Subordinates, Mubashshir Sarshar
Capacity Of The State And Its Subordinates, Mubashshir Sarshar
Mubashshir Sarshar
No abstract provided.
Judicial Review, Mubashshir Sarshar
Functioning Of The Law Commission Of India, Mubashshir Sarshar
Functioning Of The Law Commission Of India, Mubashshir Sarshar
Mubashshir Sarshar
No abstract provided.
J.S Mill On Liberty, Mubashshir Sarshar
Bar Council Of India, Mubashshir Sarshar
Sobre El Rol Esencial De Las Marcas En El Desarrollo Económico, Gustavo M. Rodríguez García
Sobre El Rol Esencial De Las Marcas En El Desarrollo Económico, Gustavo M. Rodríguez García
Gustavo M. Rodríguez García
No abstract provided.
El Colegio De Abogados Como Un Cartel: Efectos Económicos Y Sociales De La Restricción De Publicidad De Los Abogados, Óscar Sumar, Julio Avellaneda
El Colegio De Abogados Como Un Cartel: Efectos Económicos Y Sociales De La Restricción De Publicidad De Los Abogados, Óscar Sumar, Julio Avellaneda
Oscar Súmar
No abstract provided.
"Viaje Por R$ 50,00”: Promoção Ou Preço Predatório?, Carlos Emmanuel Joppert Ragazzo
"Viaje Por R$ 50,00”: Promoção Ou Preço Predatório?, Carlos Emmanuel Joppert Ragazzo
carlos ragazzo
No abstract provided.
Exclusionary Bundled Discounts And The Antitrust Modernization Commission, Erik Hovenkamp, Herbert J. Hovenkamp
Exclusionary Bundled Discounts And The Antitrust Modernization Commission, Erik Hovenkamp, Herbert J. Hovenkamp
All Faculty Scholarship
A bundled discount occurs when a seller charges less for a bundle of goods than for its components when sold separately. A characteristic of such discounting is that a rival who makes only one of the products in the bundle may have to give a larger per item discount in order to compensate the buyer for the foregone discount on goods that the rival does not sell. For example, if I sell A and B and offer a 20% discount only to customers who purchase one A and one B together, a rival in the B market might be able …
Cascade Health Solutions V. Peacehealth, Sara Shouse
Cascade Health Solutions V. Peacehealth, Sara Shouse
NYLS Law Review
No abstract provided.
Cftc Regulation 1.59 Fails To Adequately Regulate Insider Trading, Gary Rubin
Cftc Regulation 1.59 Fails To Adequately Regulate Insider Trading, Gary Rubin
NYLS Law Review
No abstract provided.
Extraterritoriality, Antitrust, And The Pragmatist Style, Justin Desautels-Stein
Extraterritoriality, Antitrust, And The Pragmatist Style, Justin Desautels-Stein
Publications
In the last decades of the 20th century, David Kennedy and Martti Koskenniemi made the case that the modern structure of international legal argument was characterized by "pragmatism." Taking this idea as its baseline, this Article's central argument is that legal pragmatism embodies a dominant style of contemporary legal reasoning, and that as Kennedy and Koskenniemi might have suggested, it is on display in some of the canonical antitrust decisions having an international dimension. The Article also seeks to show that pragmatism's ostensible triumph is best understood as a contest of three distinctly legal pragmatisms: "eclectic pragmatism," as evidenced in …