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Social Sciences x Antitrust Issues and Policies x Law x clear all

Agricultural Contracting, Competition, and Antitrust

James M. MacDonald.

in American Journal of Agricultural Economics

December 2006; p ublished online December 2006 .

Journal Article. Subjects: Antitrust Issues and Policies; Contract Law; Agricultural Economics. 4628 words.

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Competition and Unconscionability

Ezra Friedman.

in American Law and Economics Review

December 2013; p ublished online May 2013 .

Journal Article. Subjects: Contract Law; Antitrust Issues and Policies; Market Structure, Firm Strategy, and Market Performance. 15925 words.

This paper argues that the conventional legal doctrine that emphasizes lack of choice among suppliers or contracts as an element of unconscionability is misguided. I show that when a seller...

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...

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...

Immunity for cartel conduct: revolution or religion? An Australian case study

Caron Y. Beaton-Wells.

in Journal of Antitrust Enforcement

April 2014; p ublished online October 2013 .

Journal Article. Subjects: Criminal Law; Antitrust Issues and Policies. 23599 words.

Immunity (leniency) policies are widely regarded as having revolutionized anti-cartel law enforcement. However, the generally unquestioning and universalist approach taken to such policies...

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,...

INNOVATION AND OPTIMAL PUNISHMENT, WITH ANTITRUST APPLICATIONS

Keith N. Hylton and Haizhen Lin.

in Journal of Competition Law & Economics

March 2014; p ublished online September 2013 .

Journal Article. Subjects: Law and Economics; Criminal Law; Antitrust Issues and Policies; Market Structure and Pricing. 9137 words.

This article modifies the optimal punishment analysis by incorporating investment incentives with external benefits. In the models examined, the recommendation that the optimal penalty...

MARKET POWER AND COUNTERFACTUALS IN NEW ZEALAND COMPETITION LAW

Cento Veljanovski.

in Journal of Competition Law & Economics

March 2013; p ublished online February 2013 .

Journal Article. Subjects: Market Structure, Firm Strategy, and Market Performance; Criminal Law; Antitrust Issues and Policies; Market Structure and Pricing; Law and Economics; History of Manufacturing and Construction. 14211 words.

This article reviews recent decisions and controversies surrounding the counterfactual test under section 36 of the New Zealand Commerce Act 1986. In 2010, the New Zealand Supreme Court in null...

THE MEANING OF FRAND, PART II: INJUNCTIONS

J. Gregory Sidak.

in Journal of Competition Law & Economics

March 2015; p ublished online February 2015 .

Journal Article. Subjects: Market Structure, Firm Strategy, and Market Performance; Technological Change; Research and Development; Antitrust Issues and Policies; Manufacturing; Law and Economics; Contract Law. 33063 words.

Under what conditions may the holder of standard-essential patents (SEPs) seek to enjoin an infringing implementer without breaching the SEP holder's contract with the standard-setting...

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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...

THE PATENT POLICY DEBATE IN THE HIGH-TECH WORLD

Kirti Gupta.

in Journal of Competition Law & Economics

December 2013; p ublished online December 2013 .

Journal Article. Subjects: Regulation and Industrial Policy; Property Law; Antitrust Issues and Policies. 15039 words.

Increases in patent awards and the growing economic importance of innovation have generated a debate among academics and public policy makers about the fundamental nature of the patent...

Patents and patent policy

Bronwyn H. Hall.

in Oxford Review of Economic Policy

December 2007; p ublished online January 2007 .

Journal Article. Subjects: Property Law; Antitrust Issues and Policies; Technological Change; Research and Development. 10824 words.

A patent is the legal right of an inventor to exclude others from making or using a particular invention. This right is sometimes termed an ‘intellectual property right’ and is viewed as an...

PROVING CAUSATION IN PRIVATE ANTITRUST CASES

Hanns A. Abele, Georg E. Kodek and Guido K. Schaefer.

in Journal of Competition Law & Economics

December 2011; p ublished online December 2011 .

Journal Article. Subjects: Law and Economics; Antitrust Issues and Policies; Tort Law. 10130 words.

Private enforcement of antitrust damages critically hinges upon proof that an antitrust violation caused damage. Existing research narrowly focuses on the quantification of damages, but...

REGULATION OF LIBERAL PROFESSIONS AND COMPETITION POLICY: DEVELOPMENTS IN THE EU AND CHINA

Niels J. Philipsen.

in Journal of Competition Law & Economics

June 2010; p ublished online April 2009 .

Journal Article. Subjects: International Law; Antitrust Issues and Policies; Regulation and Industrial Policy. 12759 words.

The regulation of professional services has been high on the political agenda for years now in Europe. This paper points out the methods of working and the strategies used by the European...

A STATISTICAL ANALYSIS OF U.K. ANTITRUST ENFORCEMENT

Cento Veljanovski.

in Journal of Competition Law & Economics

September 2014; p ublished online April 2014 .

Journal Article. Subjects: Market Structure, Firm Strategy, and Market Performance; Criminal Law; Antitrust Issues and Policies; Market Structure and Pricing; Law and Economics; History of Manufacturing and Construction. 11195 words.

The Office of Fair Trading (OFT) has been a highly rated competition law enforcer. Yet its antitrust performance activities fall far short of this image. Here a critical assessment is made...