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A Bargaining Model of Holdouts and Takings

Thomas J. Miceli and Kathleen Segerson.

in American Law and Economics Review

January 2007; p ublished online June 2007 .

Journal Article. Subjects: Game Theory and Bargaining Theory; Property Law; Urban, Rural, and Regional Economics; Regional Government Analysis. 4870 words.

The holdout problem is commonly cited as the justification for eminent domain, but the nature of the problem is not well understood. This article models the holdout problem in a bargaining...

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DO PATENT HOLDUP AND ROYALTY STACKING LEAD TO SYSTEMATICALLY EXCESSIVE ROYALTIES?

Einer Elhauge.

in Journal of Competition Law & Economics

September 2008; p ublished online September 2008 .

Journal Article. Subjects: Law and Economics; Property Law; Antitrust Issues and Policies; Regulation and Industrial Policy. 17228 words.

Some recent literature has concluded that patent remedies result in systematically excessive royalties because of holdup and stacking problems. This article shows that this literature is...

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The Ecological and Civil Mainsprings of Property: An Experimental Economic History of Whalers’ Rules of Capture

Bart J. Wilson, Taylor Jaworski, Karl E. Schurter and Andrew Smyth.

in The Journal of Law, Economics, and Organization

October 2012; p ublished online January 2012 .

Journal Article. Subjects: Property Law; Agricultural, Environmental, and Natural Resource Economics; Design of Experiments; Production and Organizations. 15674 words.

This article uses a laboratory experiment to probe the proposition that property emerges anarchically out of social custom. We test the hypothesis that whalers in the 18th and 19th...

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THE FTC, IP, AND SSOS: GOVERNMENT HOLD-UP REPLACING PRIVATE COORDINATION

Richard A. Epstein, F. Scott Kieff and Daniel F. Spulber.

in Journal of Competition Law & Economics

March 2012; p ublished online March 2012 .

Journal Article. Subjects: Law and Economics; General Economics; Technological Change; Research and Development; History of Economic Thought (1925 onwards); Household Behaviour and Family Economics; Property Law; Microeconomics; Analysis of Collective Decision-making; Manufacturing; Welfare Economics; Antitrust Issues and Policies; Economic History; Production and Organizations; Market Structure and Pricing; Information, Knowledge, and Uncertainy; Regulation and Industrial Policy; Capitalist Systems; Firm Objectives, Organization, and Behaviour; Market Structure, Firm Strategy, and Market Performance; History of Economic Thought (to 1925). 21147 words.

In its recent report entitled, “The Evolving IP Marketplace,” the Federal Trade Commission (FTC) proposes a far-reaching regulatory approach (Proposal) that is likely to interfere with the...

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Government Takings: Determinants of Eminent Domain

Carrie B. Kerekes.

in American Law and Economics Review

January 2011; p ublished online January 2011 .

Journal Article. Subjects: Property Law; Public Economics. 4746 words.

There is a well-documented link between institutions of secure property rights and economic development. The increasing use of eminent domain to transfer property from one private owner to...

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Harm–Benefit Interactions

Oren Bar-Gill and Ariel Porat.

in American Law and Economics Review

March 2014; p ublished online September 2013 .

Journal Article. Subjects: Welfare Economics; Property Law; Tort Law; Contract Law. 10551 words.

We analyze a distinct category of cases—Harm–Benefit cases—in which harm to the victim is accompanied by benefit to the injurer. While liability should be imposed when the benefit exceeds...

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INCENTIVE EFFECTS FROM DIFFERENT APPROACHES TO HOLDUP MITIGATION SURROUNDING PATENT REMEDIES AND STANDARD-SETTING ORGANIZATIONS

F. Scott Kieff and Anne Layne-Farrar.

in Journal of Competition Law & Economics

December 2013; p ublished online November 2013 .

Journal Article. Subjects: Property Law; History of Economic Thought (1925 onwards); General Economics; Technological Change; Research and Development; Antitrust Issues and Policies; Production and Organizations; Market Structure and Pricing; Law and Economics. 16313 words.

Debates about patent policy often focus on the potential for the threat of a court-imposed remedy for patent infringement to cause manufacturing entities and others to suffer patent holdup,...

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Land Assembly and the Holdout Problem Under Sequential Bargaining

Thomas J. Miceli and Kathleen Segerson.

in American Law and Economics Review

December 2012; p ublished online November 2012 .

Journal Article. Subjects: Property Law; Urban, Rural, and Regional Economics; Market Structure, Firm Strategy, and Market Performance; Market Structure and Pricing. 5545 words.

Although the holdout problem is an established part of legal and economic lore, the exact source of the problem is not well understood. It is usually attributed to high transaction costs or...

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THE MEANING OF FRAND, PART I: ROYALTIES

J. Gregory Sidak.

in Journal of Competition Law & Economics

December 2013; p ublished online December 2013 .

Journal Article. Subjects: Technological Change; Research and Development; Property Law; Production and Organizations; Contract Law. 56828 words.

What does it mean for a patent holder to commit to a standard-setting organization (SSO) to license its standard-essential patents (SEPs) on fair, reasonable, and nondiscriminatory (FRAND)...

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The myth of the early aviation patent hold-up—how a US government monopsony commandeered pioneer airplane patents

Ron D. Katznelson and John Howells.

in Industrial and Corporate Change

February 2015; p ublished online March 2014 .

Journal Article. Subjects: Property Law; Technological Change; Research and Development; Antitrust Issues and Policies; Economic History; Manufacturing; Law and Economics; History of Manufacturing and Construction. 27018 words.

The prevailing historical accounts of the formation of the US aircraft “patent pool” in 1917 assume the US government necessarily intervened to alleviate a patent hold-up among private...

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