Law and Economics Commons^™

Sanciones Económicas Y Compensación De Daños En El Régimen De Competencia Mexicano, Víctor Pavón-Villamayor

Víctor Pavón-Villamayor

No abstract provided.

On Refusals To Deal In The European Competition Regime, Víctor Pavón-Villamayor

Víctor Pavón-Villamayor

No abstract provided.

Patenting Standards - A Case For Us Antitrust Law Or A Call For Recognizing Immanent Public Policy Limitations To The Exploitation Rights Conferred By The Patent Act?, Apostolos Chronopoulos

Apostolos Chronopoulos

This paper examines the adverse effect of patent ambushing on competitive conditions resulting in the distortion of the standardization process in markets where the effectiveness of competition relies heavily on standardization. The US Rambus litigation serves as a point of departure. In this case, the strategic behavior of the patentee was subjected to both an antitrust and unfair competition analysis. Both approaches display an inadequacy to squarely balance all of the conflicting interests involved. The solution proposed is to apply the patent misuse doctrine as a rule that expresses a public policy defense against patent enforcement so as to ensure …

Más Vale Maña Que Fuerza: A Propósito Del Abuso De Acciones Legales Y Las Normas De Libre Competencia, John Pineda Galarza, Héctor Figari Costa

John Pineda Galarza

El presente trabajo busca analizar el fundamento teórico del uso abusivo de acciones legales como una práctica para generar barreras de entrada al mercado. El análisis del mismo se desarrollará bajo la óptica de las normas de Libre Competencia buscando argumentar si la inclusión de dicha cláusula en el Decreto Legislativo Nº 1034, fue acertada o no.

Teoria Unificada Da Colusão: Uma Sugestão De Regulação Dos, Ivo T. Gico

Ivo Teixeira Gico Jr.

A legislação concorrencial brasileira caracteriza toda e qualquer forma de abuso do poder econômico como uma infração à ordem econômica. A principal conduta delitiva é a formação de cartel. A maior dificuldade na implementação de uma política pública contrária à cartelização dos mercados é a caracterização jurídica de um acordo entre concorrentes, principalmente, no contexto oligopolístico. Nossa hipótese é a seguinte: se a lei brasileira não exige a presença de um acordo para a caracterização do delito administrativo, deveria ser juridicamente possível condenar a coordenação indevida de ações entre concorrentes mesmo na ausência de acordo. Não obstante, como a colusão …

Competencia Desleal En La Modalidad De Ambush Marketing: ¿Realmente Debe Preocuparnos?, Gustavo M. Rodríguez García

Gustavo M. Rodríguez García

Ambush marketing is calling for the attention of specialists around the world because of recent legal proposals in order to regulate this practice. In Peru, unfair competition law may be the way to respond to ambush marketing. However, is it really a problem that law should solve? or is it just the natural reaction of competitors in the market? is it unfair o simply agressive competition?

Crisis Económica Y Política De Competencia En México, Víctor Pavón-Villamayor

Víctor Pavón-Villamayor

No abstract provided.

Cuarto Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Memorias del Cuarto Congreso Nacional de Organismos Públicos Autónomos

"El papel de los Organismos Públicos Autónomos en la Consolidación de la Democracia"

Crisis Económica Y Política Antimonopolios, Víctor Pavón-Villamayor

Víctor Pavón-Villamayor

No abstract provided.

Analyzing Horizontal Mergers: Unilateral Effects In Product-Differentiated Markets, Herbert J. Hovenkamp

All Faculty Scholarship

This essay offers a brief, non-technical exposition of the antitrust analysis of horizontal mergers in product differentiated markets where the resulting price increase is thought to be unilateral - that is, only the post-merger firm increases its prices while other firms in the market do not. More realistically, non-merging firms who are reasonably close in product space to the merging firm will also be able to increase their prices when the post-merger firm's prices rise. The unilateral effects theory is robust and has become quite conventional in merger analysis. There is certainly no reason for thinking that it involves any …

The Neal Report And The Crisis In Antitrust, Herbert J. Hovenkamp

All Faculty Scholarship

The Neal Report, which was commissioned by Lyndon Johnson and published in 1967, is rightfully criticized for representing the past rather than the future of antitrust. Its authors completely embraced a theory of competition and industrial organization that had dominated American economic thinking for forty years, but was just in the process of coming to an end. The structure-conduct-performance (S-C-P) paradigm that the Neal Report embodied had in fact been one of the most elegant and most tested theories of industrial organization. The theory represented the high point of structuralism in industrial organization economics, resting on the proposition that certain …

Impedimentos A La Declaración Como Denominaciones De Origen En El Decreto Legislativo 1075 Sobre Propiedad Industrial, Gustavo M. Rodríguez García

Gustavo M. Rodríguez García

No abstract provided.

A Comparison Among The Director Networks In The Main Listed Companies In France, Germany, Italy, And The United Kingdom (Powerpoint Format), Paolo Santella, Carlo Drago, Andrea Polo, Enrico Gagliardi

Paolo Santella

No abstract provided.

A Comparison Among The Director Networks In The Main Listed Companies In France, Germany, Italy, And The United Kingdom (Powerpoint Format), Paolo Santella, Carlo Drago, Andrea Polo, Enrico Gagliardi

Carlo Drago

No abstract provided.

Mergers And Market Dominance, Herbert J. Hovenkamp

All Faculty Scholarship

Mergers involving dominant firms legitimately receive close scrutiny under the antitrust laws, even if they involve tiny firms. Further, they should be examined closely even in markets that generally exhibit low entry barriers. Many of the so-called "unilateral effects" cases in current merger law are in fact mergers that create dominant firms. The rhetoric of unilateral effects often serves to disguise this fact by presenting the situation as if it involves the ability of a small number of firms (typically two or three) in a much larger market to increase their price to unacceptable levels. In fact, if such a …

Trapped In A Metaphor: The Limited Implications Of Federalism For Corporate Governance, Robert B. Ahdieh

Faculty Scholarship

Trapped in a metaphor articulated at the founding of modern corporate law, the study of corporate governance has - for some thirty years - been asking the wrong questions. Rather than a singular race among states, whether to the bottom or the top, the synthesis of William Cary and Ralph Winter’s famous exchange is better understood as two competitions, each serving distinct normative ends. Managerial competition advances the project that has motivated corporate law since Adolf Berle and Gardiner Means - effective regulation of the separation of ownership and control. State competition, by contrast, does not promote a race to …

A Comparison Among The Director Networks In The Main Listed Companies In France, Germany, Italy, And The United Kingdom, Paolo Santella, Carlo Drago, Andrea Polo, Enrico Gagliardi

Paolo Santella

The purpose of this paper is to contribute to the literature on director interlocks by illustrating and analysing the interlocking directorships among the Italian, French, German, UK and US listed Blue Chips. The comparison of the five countries considered shows that two national models stand out. On the one hand a model made of a high number of companies linked to each other through a small number of shared directors who serve on several company boards at the time (France, Germany, and Italy). On the other hand, in the UK much fewer companies are connected to each other essentially through …

A Comparison Among The Director Networks In The Main Listed Companies In France, Germany, Italy, And The United Kingdom, Paolo Santella, Carlo Drago, Andrea Polo, Enrico Gagliardi

Carlo Drago

The purpose of this paper is to contribute to the literature on director interlocks by illustrating and analysing the interlocking directorships among the Italian, French, German, UK and US listed Blue Chips. The comparison of the five countries considered shows that two national models stand out. On the one hand a model made of a high number of companies linked to each other through a small number of shared directors who serve on several company boards at the time (France, Germany, and Italy). On the other hand, in the UK much fewer companies are connected to each other essentially through …

Competition Law And The Institutional Embeddedness Of Economics, David J. Gerber

All Faculty Scholarship

Transnational debates about the role of economics in competition law have paid relatively little systematic attention to the embeddedness of economics in institutions. They typically proceed as if embeddedness were not an issue. The assumption often appears to be that economics looks, acts and functions in the same way wherever it is applied. This assumption is frequently the basis for claims supporting increased use of economics in competition law systems around the world.

This article examines that assumption and argues that the institutional embeddedness of economics needs to be taken into account when we wish to evaluate and analyze the …

Marketing Mothers' Milk: The Commodification Of Breastfeeding And The New Markets For Breast Milk And Infant Formula, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

This paper explores the commodification of women and biological processes, the confusion of scientific evidence with social agendas, and the conflict between marketing and public health. I assert that key actors in the healthcare marketplace - government, businesses, and doctors – have acted to enable weak medical and scientific evidence to be manipulated by ideological and profit-making partisans in a poorly regulated market. I focus on the unique role of the medical profession, which has acted with government and the private sector to shape the markets in human milk and infant formula. In a striking parallel to the pharmaceutical industry, …

Introducción Al Análisis Económico Del Derecho Administrativo / Introduction To Administrative Law And Economics, Andres Palacios Lleras

Andrés Palacios Lleras

El estudio y la enseñanza del derecho administrativo colombiano dejan mucho que desear, especialmente en lo que respecta al estudio del derecho como fenómeno social. Éste tiende a ser presentado como un cuerpo de normas políticamente neutrales, construido a partir de categorías conceptuales muy abstractas, y coherente. Como resultado de ello, asume una posición “normativista” que ignora el contexto social en el que lleva a la producción e interpretación de las normas jurídicas. Este artículo sugiere que un cambio conceptual puede ser muy útil para “curar” al análisis del derecho administrativo de los males que lo aquejan. Sugiere que el …

Thomas Hardy’S Tess Of The D’Urbervilles, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Rights Of Arrested Person- Case Analysis, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Violation Of Right To Way, Right To Access Of Light And Right To Access Of Air And Other Easementary Rights, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Comparative Study Of The Prinicples Of Contract Formation Of India, China, Usa And France, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Non Resumption Of Cohabatation As A Fault Ground Of Divorce Under The Hindu Marriage Act, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Collusion In Convergent Markets, Víctor Pavón-Villamayor

Víctor Pavón-Villamayor

No abstract provided.

Of Mice And Men: Why An Anticommons Has Not Emerged In The Biotechnological Realm, Chester J. Shiu

Chester J Shiu

In 1998 Michael Heller and Rebecca Eisenberg posited that excessive patenting of fundamental biomedical innovations might create a “tragedy of the anticommons.” A decade later, their dire predictions have not come to pass, an outcome which calls much of the legal scholarship on the topic into question. This Article proposes that legal commentators’ theoretical arguments have largely ignored two very important factors. First, the National Institutes of Health (NIH)—the single most important actor in the biomedical research industry—has played an active role in keeping the biomedical research domain open. In particular, regardless of what the current patent regime may theoretically …

The Viability Of Antitrust Price Squeeze Claims, Erik Hovenkamp, Herbert J. Hovenkamp

All Faculty Scholarship

A price squeeze occurs when a vertically integrated firm "squeezes' a rival's margins between a high wholesale price for an essential input sold to the rival, and a low output price to consumers for whom the two firms compete. Price squeezes have been a recognized but controversial antitrust violation for two-thirds of a century. We examine the law and economics of the price squeeze, beginning with Judge Hand's famous discussion in the Alcoa case in 1945. While Alcoa has been widely portrayed as creating a "fairness" or "fair profit" test for unlawful price squeezes, Judge Hand actually adopted a cost-based …

United States Competition Policy In Crisis: 1890-1955, Herbert J. Hovenkamp

All Faculty Scholarship

The development of marginalist, or neoclassical, economics led to a fifty-year long crisis in competition theory. Given an industrial structure with sufficient fixed costs, competition always became "ruinous," forcing firms to cut prices to marginal cost without sufficient revenue remaining to pay off investment. Early neoclassicists such as Alfred Marshall were not able to solve this problem, and as a result many economists were hostile toward the antitrust laws in the early decades of the twentieth century. The ruinous competition debate came to an abrupt end in the early 1930's, when Joan Robinson and particularly Edward Chamberlin developed models that …