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TOTM One of the most important changes in the antitrust laws over the past 40 years has been the diminished reliance of rules of per se . . .
One of the most important changes in the antitrust laws over the past 40 years has been the diminished reliance of rules of per se illegality in favor of a rule of reason analysis. With the Court’s recent rulings in Leegin (eliminating per se rule for minimum RPM) and Independent Ink (eliminating the per se rule against intellectual property tying), the evolution of the antitrust laws has left only tying (under a “modified” per se rule) and horizontal price fixing under per se rules of illegality. This movement reflects advances in law and economics that recognize that vertical restraints, once condemned as per se illegal when used by firms with antitrust market power, can be procompetitive. It also reflects the judgment that declaring such practices pre se illegal produced high type I error costs (the false condemnation and deterrence of pro competitive practices).
Read the full piece here.
TOTM I must confess that my basic reaction to the Section 2 report was disappointment. It’s not that I find much fault with the report itself–a few quibbles . . .
I must confess that my basic reaction to the Section 2 report was disappointment. It’s not that I find much fault with the report itself–a few quibbles yes, but generally I find it quite satisfactory–but that after all of the time and effort put into the joint hearings by the FTC, the FTC wasn’t able to join the report. Moreover, the shrill dissenting statement by three commissioners will probably prevent the report from playing influencing judicial decisions or legislation.
TOTM My colleague Adam Mossoff is blogging over at the Volokh Conspiracy on his fascinating paper, A Stitch in Time: The Rise and Fall of the . . .
My colleague Adam Mossoff is blogging over at the Volokh Conspiracy on his fascinating paper, A Stitch in Time: The Rise and Fall of the Sewing Machine Patent Thicket. Here’s an excerpt from the first post…
TOTM That’s from Firefox chief software architect Mike Connor in an interview with PCPro. Here’s an excerpt suggesting that Mozilla fears that its recent success might . . .
That’s from Firefox chief software architect Mike Connor in an interview with PCPro. Here’s an excerpt suggesting that Mozilla fears that its recent success might lead to antitrust liability in the United States or elsewhere…
TOTM Randy Picker has posted The Google Book Settlement: A New Orphan Works Monopoly? to SSRN. I have not been following the antitrust issues related to . . .
Randy Picker has posted The Google Book Settlement: A New Orphan Works Monopoly? to SSRN. I have not been following the antitrust issues related to the settlement as closely as I should be and so I’m really looking forward to reading this.
TOTM When I came onto the job market in 2004, a number of advisers told me that I should not market myself as an “antitrust guy.” . . .
When I came onto the job market in 2004, a number of advisers told me that I should not market myself as an “antitrust guy.” The prevailing view on the job market was that “antitrust was dead.” This perception was conveyed one way or another in interviews or conversations with folks in the legal academy. The conventional wisdom was that nothing exciting had happened in the antitrust world since the Reagan era. On top of that, the story goes, there were few important questions that remained to be answered and not only minor contributions left around the margins. I ignored the advice at the time thanks to an uncle (and antitrust lawyer) who had turned me on to economics and antitrust in high school. Truth be told I really didn’t want to study or write about anything else at the time and really wasn’t interested in saying otherwise.
TOTM First of all, I would like to express my deepest gratitude to Josh Wright. Only because of Josh’s creativity and tireless, flawless execution did this blog symposium come about and run so smoothly.
First of all, I would like to express my deepest gratitude to Josh Wright. Only because of Josh’s creativity and tireless, flawless execution did this blog symposium come about and run so smoothly. I also would like to thank Dennis Crouch, who has generously cross-posted the symposium at PatentlyO. And I am grateful for the attention of the communities at TOTM and PatentlyO, which have patiently scrolled through countless pages and posts to learn about my book.
TOTM I am enjoying Professor Carrier’s new book Innovation in the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law. I will focus my discussion here on patent issues discussed in Part III of the book.
I am enjoying Professor Carrier’s new book Innovation in the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law. I will focus my discussion here on patent issues discussed in Part III of the book.
TOTM I, too, join the rest of the participants in congratulating Michael Carrier on this great book about this great topic. I have enjoyed reading Michael’s work in the past and I enjoyed meeting him at a conference last year.
I, too, join the rest of the participants in congratulating Michael Carrier on this great book about this great topic. I have enjoyed reading Michael’s work in the past and I enjoyed meeting him at a conference last year. He is a wonderfully warm, bright, and engaging person. Although I wish that I had more of an opportunity to fully read his impressive text before the date of this on-line symposium, I am grateful for the opportunity to read a great deal of the book and to at least skim the remainder. The wonderful conference that Damien Geradin and his colleagues hosted on these same issues in Amsterdam these past few days was a pleasant distraction. (For Damien’s conference click here).
