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Social Sciences x Antitrust Issues and Policies x Technological Change; Research and Development x clear all

The business model of patent assertion entities in IT: unilateral restraints of competition or business as usual?

Paul Gagnon.

in Journal of Antitrust Enforcement

October 2013; p ublished online June 2013 .

Journal Article. Subjects: Technological Change; Research and Development; Antitrust Issues and Policies. 20665 words.

This article aims to determine whether the business models of patent assertion entities (PAE) can qualify as restraints of competition under European competition law, and under which...

THE DETERRENT AND ENUNCIATING EFFECTS OF CONSENT DECREES

Giovanna Massarotto.

in Journal of Competition Law & Economics

June 2015; p ublished online April 2015 .

Journal Article. Subjects: Technological Change; Research and Development; Antitrust Issues and Policies; Services; Market Structure, Firm Strategy, and Market Performance; Market Structure and Pricing. 2959 words.

More than 90 percent of U.S. civil antitrust cases settle by consent decrees. This phenomenon raises two questions. First, do consent decrees sacrifice antitrust deterrence, given that no...

DOES THE FTC'S THEORY OF PRODUCT HOPPING PROMOTE COMPETITION?

Dennis W. Carlton, Fredrick A. Flyer and Yoad Shefi.

in Journal of Competition Law & Economics

September 2016; p ublished online October 2016 .

Journal Article. Subjects: Antitrust Issues and Policies; Regulation and Industrial Policy; Economics of Health; Technological Change; Research and Development. 5423 words.

This article evaluates the effect on competition of adopting the FTC's product hopping theory as an antitrust doctrine. Courts have disagreed on the merits of the theory. According to this...

DYNAMIC COMPETITION IN ANTITRUST LAW

J. Gregory Sidak and David J. Teece.

in Journal of Competition Law & Economics

December 2009; p ublished online November 2009 .

Journal Article. Subjects: Regulation and Industrial Policy; Antitrust Issues and Policies; Law and Economics; Technological Change; Research and Development. 21989 words.

How would competition policy be shaped if it were to explicitly favor Schumpeterian (dynamic) competition over neoclassical (static) competition? Schumpeterian competition is the kind of...

EFFICIENCY METRICS FOR COMPETITION POLICY IN NETWORK INDUSTRIES

Timothy J. Tardiff.

in Journal of Competition Law & Economics

December 2010; p ublished online December 2009 .

Journal Article. Subjects: Regulation and Industrial Policy; Antitrust Issues and Policies; Law and Economics; Technological Change; Research and Development. 5710 words.

In evaluating competition and regulatory policies, economists typically emphasize the extent to which such policies promote economic efficiency. The outcome of such evaluations—particularly...

Elves or Trolls? The role of nonpracticing patent owners in the innovation economy

Damien Geradin, Anne Layne-Farrar and A. Jorge Padilla.

in Industrial and Corporate Change

February 2012; p ublished online June 2011 .

Journal Article. Subjects: Technological Change; Research and Development; Antitrust Issues and Policies; Firm Objectives, Organization, and Behaviour; Market Structure, Firm Strategy, and Market Performance. 9211 words.

Firm structure and the degree of vertical integration lie at the core of a key intellectual property concern currently under debate: “patent trolls.” While court opinions and competition...

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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...

GOOGLE AND THE PROPER ANTITRUST SCRUTINY OF ORPHAN BOOKS

Jerry A. Hausman and J. Gregory Sidak.

in Journal of Competition Law & Economics

September 2009; p ublished online August 2009 .

Journal Article. Subjects: Regulation and Industrial Policy; Antitrust Issues and Policies; Law and Economics; Technological Change; Research and Development. 12198 words.

We examine the consumer-welfare implications of Google's project to scan a large proportion of the world's books into digital form and to make these works accessible to consumers through...

THE GOOGLE BOOK SEARCH SETTLEMENT: A NEW ORPHAN-WORKS MONOPOLY?

Randal C. Picker.

in Journal of Competition Law & Economics

September 2009; p ublished online August 2009 .

Journal Article. Subjects: Law and Economics; Antitrust Issues and Policies; Technological Change; Research and Development; Market Structure and Pricing. 12020 words.

This paper considers the proposed settlement agreement between Google and the Authors Guild relating to Google Book Search (GBS). I focus on three issues that raise antitrust and...

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 THE LIMITS OF ANTITRUST

Geoffrey A. Manne and Joshua D. Wright.

in Journal of Competition Law & Economics

March 2010; p ublished online March 2010 .

Journal Article. Subjects: Law and Economics; Antitrust Issues and Policies; Technological Change; Research and Development; Economic Methodology; Market Structure, Firm Strategy, and Market Performance. 22548 words.

Frank Easterbrook's seminal analysis of error-cost minimization in The Limits of Antitrust has special relevance to antitrust intervention in markets where innovation is a critical...

INNOVATION SPILLOVERS AND THE “DIRT ROAD” FALLACY: THE INTELLECTUAL BANKRUPTCY OF BANNING OPTIONAL TRANSACTIONS FOR ENHANCED DELIVERY OVER THE INTERNET

J. Gregory Sidak and David J. Teece.

in Journal of Competition Law & Economics

September 2010; p ublished online July 2010 .

Journal Article. Subjects: Technological Change; Research and Development; Energy and Utilities; Antitrust Issues and Policies; Law and Economics; Industry Studies; Regulation and Industrial Policy. 32495 words.

In October 2009, the Federal Communications Commission proposed “net neutrality” regulations, including a new rule that would have the effect of banning optional business-to-business...

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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...

NET NEUTRALITY AND CONSUMER WELFARE

Gary S. Becker, Dennis W. Carlton and Hal S. Sider.

in Journal of Competition Law & Economics

September 2010; p ublished online September 2010 .

Journal Article. Subjects: Technological Change; Research and Development; Energy and Utilities; Antitrust Issues and Policies; Law and Economics; Industry Studies; Regulation and Industrial Policy. 9346 words.

The Federal Communications Commission's proposed net neutrality rules would, among other things, prohibit broadband access providers from prioritizing traffic, charging differential prices...

PATENT HOLDUP AND OLIGOPSONISTIC COLLUSION IN STANDARD-SETTING ORGANIZATIONS

J. Gregory Sidak.

in Journal of Competition Law & Economics

March 2009; p ublished online March 2009 .

Journal Article. Subjects: Market Structure, Firm Strategy, and Market Performance; Technological Change; Research and Development; Antitrust Issues and Policies; Firm Objectives, Organization, and Behaviour; Market Structure and Pricing; Law and Economics. 31440 words.

Current controversies over patent policy place standard-setting organizations (SSOs) on a collision course with antitrust law. Recent theoretical research conjectures that, in an SSO,...

Patent Pools, Competition, and Innovation—Evidence from 20 US Industries under the New Deal

Ryan Lampe and Petra Moser.

in The Journal of Law, Economics, and Organization

March 2016; p ublished online August 2015 .

Journal Article. Subjects: Antitrust Issues and Policies; Firm Objectives, Organization, and Behaviour; Technological Change; Research and Development. 15798 words.

Patent pools have become a prominent mechanism to reduce litigation risks and facilitate the commercialization of new technologies. This article takes advantage of a window of regulatory...

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...

RECOGNIZING THE LIMITS OF ANTITRUST: THE ROBERTS COURT VERSUS THE ENFORCEMENT AGENCIES

Thomas A. Lambert and Alden F. Abbott.

in Journal of Competition Law & Economics

December 2015; p ublished online September 2015 .

Journal Article. Subjects: Antitrust Issues and Policies; Technological Change; Research and Development. 31198 words.

In his seminal 1984 article, The Limits of Antitrust, Judge Frank Easterbrook proposed that courts and enforcers adopt a simple set of screening rules for application in antitrust cases, in...

A RETROSPECTIVE MERGER ANALYSIS IN THE U.K. VIDEOGAME MARKET

Luca Aguzzoni, Elena Argentesi, Paolo Buccirossi, Lorenzo Ciari, Tomaso Duso, Massimo Tognoni and Cristiana Vitale.

in Journal of Competition Law & Economics

December 2014; p ublished online August 2014 .

Journal Article. Subjects: Firm Objectives, Organization, and Behaviour; Antitrust Issues and Policies; Production and Organizations; Technological Change; Research and Development. 10472 words.

We study the effect of a merger in a dynamic high-technology industry—the videogame market—which is characterized by the frequent introduction of new products. To assess the impact of the...