Showing 9 of 276 Publications in Intellectual Property & Licensing

Yet Another Voluntary Pricing Experiment

TOTM This time from Paste Magazine (HT: Peter Schwartz via Wired Blog Magazine), and motivated by the Radiohead Experiment, and with an interesting twist… Read the . . .

This time from Paste Magazine (HT: Peter Schwartz via Wired Blog Magazine), and motivated by the Radiohead Experiment, and with an interesting twist…

Read the full piece here

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Intellectual Property & Licensing

Hazlett on Property Rights and Innovation

TOTM My colleague Tom Hazlett has a characteristically insightful essay in the Financial Times this week entitled “How the Walled Garden Promotes Innovation.” In response to . . .

My colleague Tom Hazlett has a characteristically insightful essay in the Financial Times this week entitled “How the Walled Garden Promotes Innovation.” In response to critics that argue that “only a device that is optimised for any application and capable of accessing any network is efficient,” Hazlett offers Apple and DoCoMo as examples of how markets work best to respond to consumer preferences when “independent developers, content owners, hardware vendors and networks vie to discover preferred packages and pricing.”

Read the full piece here.

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Telecommunications & Regulated Utilities

Obviousness conference

TOTM Along with my Lewis & Clark colleague, Joe Miller, I have organized a conference on the patent law doctrine of obviousness following the Supreme Court’s . . .

Along with my Lewis & Clark colleague, Joe Miller, I have organized a conference on the patent law doctrine of obviousness following the Supreme Court’s KSR case last term.  It’s a great line-up of participants, and should be an excellent conference.

Read the full piece here.

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Intellectual Property & Licensing

Is It Monday Yet?

TOTM Danny Sokol pre-blogs Monday’s expected EU Microsoft decision.  His punchline: this decision has the potential to cause substantial Trans-Atlantic discord and magnify the divergence between . . .

Danny Sokol pre-blogs Monday’s expected EU Microsoft decision.  His punchline: this decision has the potential to cause substantial Trans-Atlantic discord and magnify the divergence between EU and US approaches to unilateral firm conduct, with important implications for the role of the ICN in facilitating convergence and harmonization across jurisdictions.

Read the full piece here.

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Antitrust & Consumer Protection

Interesting Section 2 Developments

TOTM A pair of interesting antitrust appellate decisions have been released over the past few days involving single firm conduct and Section 2: Cascade Health Solutions . . .

A pair of interesting antitrust appellate decisions have been released over the past few days involving single firm conduct and Section 2: Cascade Health Solutions v. PeaceHealth (9th Cir.) and Broadcom v. Qualcomm (3rd Cir.).

Read the full piece here.

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Antitrust & Consumer Protection

The EC versus Intel: The SO is issued

TOTM To no one’s great surprise (other than that it took so long), the European Commission issued a Statement of Objections against Intel today.  More information . . .

To no one’s great surprise (other than that it took so long), the European Commission issued a Statement of Objections against Intel today.  More information as it becomes available.

For those looking for a little insight into the case, you might be interested in The FTC’s 1998 Complaint against Intel and the resulting Consent Decree (the entire case file is here).

Read the full piece here.  

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Antitrust & Consumer Protection

More Thoughts on Free Market Orthodoxy in Antitrust

TOTM In my last post I claimed that there is a no “free market economics orthodoxy” amongst antitrust economists or those working in the field of . . .

In my last post I claimed that there is a no “free market economics orthodoxy” amongst antitrust economists or those working in the field of law and economics. In response to the post, an anonymous TOTM reader emails the following related, and probably more interesting, questions: “is there a free market orthodoxy amongst (1) legal commentators and (2) the Supreme Court?”

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Antitrust & Consumer Protection

Evaluating Leegin

TOTM Thom’s excellent post covers most of the important points in Leegin and offers a fairly comprehensive critique of what I deemed to be a surprisingly . . .

Thom’s excellent post covers most of the important points in Leegin and offers a fairly comprehensive critique of what I deemed to be a surprisingly weak dissent from Justice Breyer. As we’ve noted over and over here at TOTM, the death of Dr. Miles is clearly the right outcome judged based upon the underlying antitrust fundamentals. As Thom and I have pointed out in various posts on RPM here at TOTM, the evidence overwhelmingly suggests that anticompetitive RPM is much talked about but rarely observed or documented. Given that the bulk of the contemporary evidence on RPM suggests that it is largely pro-competitive, I must admit that I was surprised by Tyler Cowen’s “casual guess” in a post at the VC that >50% of RPM are associated with attempts to collude.

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Antitrust & Consumer Protection

Whole Foods: Where’s the [premium, natural and organic] beef?

TOTM John Mackey posts a remarkable public response to the FTC, including the complete text and extended exegesis of one of the inflammatory hot docs that . . .

John Mackey posts a remarkable public response to the FTC, including the complete text and extended exegesis of one of the inflammatory hot docs that prompted the FTC’s action.  But most amazing of all is this comment…

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Antitrust & Consumer Protection