Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Business (2)
- Industrial Organization (2)
- Technology and Innovation (2)
- Communications Law (1)
- Comparative and Foreign Law (1)
-
- Computer Law (1)
- Courts (1)
- Criminal Law (1)
- Economic Policy (1)
- European Law (1)
- Intellectual Property Law (1)
- International Relations (1)
- International Trade Law (1)
- Internet Law (1)
- Jurisdiction (1)
- Law and Economics (1)
- Law and Society (1)
- Litigation (1)
- Political Science (1)
- Public Affairs, Public Policy and Public Administration (1)
- Science and Technology Policy (1)
Articles 1 - 3 of 3
Full-Text Articles in Political Economy
Institutional Advantage In Competition And Innovation Policy, Herbert J. Hovenkamp
Institutional Advantage In Competition And Innovation Policy, Herbert J. Hovenkamp
All Faculty Scholarship
In the United States responsibility for innovation policy and competition policy are assigned to different agencies with different authority. The principal institutional enforcers of patent policy are the United States Patent and Trademark Office (USPTO), the International Trade Commission (ITC), and the federal district courts as overseen by the United States Court of Appeals for the Federal Circuit, and ultimately the Supreme Court. While competition policy is not an explicit part of patent policy, competition issues arise frequently, even when they are not seen as such.
Since early in the twentieth century antitrust courts have had to confront practices that …
Extraterritorial Criminal Jurisdiction Under The Antitrust Laws, Herbert J. Hovenkamp
Extraterritorial Criminal Jurisdiction Under The Antitrust Laws, Herbert J. Hovenkamp
All Faculty Scholarship
The Ninth Circuit may soon consider whether challenges to antitrust activity that occurs abroad must invariably be addressed under the rule of reason, which will make criminal prosecution difficult or impossible.
When antitrust cases involve foreign conduct, the courts customarily appraise its substantive antitrust significance only after deciding whether the Sherman Act reaches the activity. Nevertheless, "jurisdictional" and "substantive" inquiries are not wholly independent. Both reflect two sound propositions: that Congress did not intend American antitrust law to rule the entire commercial world and that Congress knew that domestic economic circumstances often differ from those abroad where mechanical application of …
Antitrust, The Internet, And The Economics Of Networks, Christopher S. Yoo, Daniel F. Spulber
Antitrust, The Internet, And The Economics Of Networks, Christopher S. Yoo, Daniel F. Spulber
All Faculty Scholarship
Network industries, including the Internet, have shown significant growth, substantial competition, and rapid innovation. This Chapter examines antitrust policy towards network industries. The discussion considers the policy implications of various concepts in the economics of networks: natural monopoly, network economic effects, vertical exclusion, and dynamic efficiency. Our analysis finds that antitrust policy makers should not presume that network industries are more subject to monopolization than other industries. We find that deregulation and the strength of competition in network industries have removed justifications for structural separation as a remedy. Also, we argue that that deregulation and competition have effectively eliminated support …