The Determination Of Antitrust Liability In U S V Microsoft

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Microsoft on Trial

Author : Luca Rubini
Publisher : Edward Elgar Publishing
Page : 561 pages
File Size : 43,8 Mb
Release : 2010-01-01
Category : Business & Economics
ISBN : 9781849807142

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Microsoft on Trial by Luca Rubini Pdf

Microsoft on Trial analyses the antitrust cases that have involved Microsoft in both sides of the Atlantic and offers a thorough and timely discussion on the regulation of unilateral behaviour in a topical sector. This fascinating and highly topical book facilitates discussion on the difficult technical, legal and economic issues with respect to innovation,competition and welfare raised, through the span of more than a decade, by the US and EC Microsoft antitrust cases. It assesses their impact on the evolution of EC and US laws on competition and intellectual property in the IT sector and beyond.

Creation without Restraint

Author : Christina Bohannan,Herbert Hovenkamp
Publisher : Oxford University Press
Page : 435 pages
File Size : 48,7 Mb
Release : 2012-01-13
Category : Law
ISBN : 9780199813490

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Creation without Restraint by Christina Bohannan,Herbert Hovenkamp Pdf

Creation without Restraint: Promoting Liberty and Rivalry in Innovation analyzes the current state of competition (antitrust) and intellectual property laws, and proposes realistic reforms that will encourage innovation. As with antitrust and a reform process that aligned injury requirements in lawsuits with the incentive to compete, this book proposes similar reforms for patent and copyright law, and considers both the uses and limitations of antitrust as a vehicle for intellectual property law reform.

The Microsoft Antitrust Cases

Author : Andrew I. Gavil,Harry First
Publisher : MIT Press
Page : 461 pages
File Size : 54,9 Mb
Release : 2014-11-28
Category : Law
ISBN : 9780262319225

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The Microsoft Antitrust Cases by Andrew I. Gavil,Harry First Pdf

A comprehensive account of the decades-long, multiple antitrust actions against Microsoft and an assessment of the effectiveness of antitrust law in the digital age. For more than two decades, the U.S. Department of Justice, various states, the European Commission, and many private litigants pursued antitrust actions against the tech giant Microsoft. In investigating and prosecuting Microsoft, federal and state prosecutors were playing their traditional role of reining in a corporate power intent on eliminating competition. Seen from another perspective, however, the government's prosecution of Microsoft—in which it deployed the century-old Sherman Antitrust Act in the volatile and evolving global business environment of the digital era—was unprecedented. In this book, two experts on competition policy offer a comprehensive account of the multiple antitrust actions against Microsoft—from beginning to end—and an assessment of the effectiveness of antitrust law in the twenty-first century. Gavil and First describe in detail the cases that the Department of Justice and the states initiated in 1998, accusing Microsoft of obstructing browser competition and perpetuating its Windows monopoly. They cover the private litigation that followed, and the European Commission cases decided in 2004 and 2009. They also consider broader issues of competition policy in the age of globalization, addressing the adequacy of today's antitrust laws, their enforcement by multiple parties around the world, and the difficulty of obtaining effective remedies—all lessons learned from the Microsoft cases.

The Microsoft Case

Author : William H. Page,John E. Lopatka
Publisher : University of Chicago Press
Page : 363 pages
File Size : 43,5 Mb
Release : 2009-10-15
Category : Law
ISBN : 9780226644653

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The Microsoft Case by William H. Page,John E. Lopatka Pdf

In 1998, the United States Department of Justice and state antitrust agencies charged that Microsoft was monopolizing the market for personal computer operating systems. More than ten years later, the case is still the defining antitrust litigation of our era. William H. Page and John E. Lopatka’s The Microsoft Case contributes to the debate over the future of antitrust policy by examining the implications of the litigation from the perspective of consumer welfare. The authors trace the development of the case from its conceptual origins through the trial and the key decisions on both liability and remedies. They argue that, at critical points, the legal system failed consumers by overrating government’s ability to influence outcomes in a dynamic market. This ambitious book is essential reading for business, law, and economics scholars as well as anyone else interested in the ways that technology, economics, and antitrust law have interacted in the digital age. “This book will become the gold standard for analysis of the monopolization cases against Microsoft. . . . No serious student of law or economic policy should go without reading it.”—Thomas C. Arthur, Emory University

Antitrust Analysis

Author : Phillip E. Areeda,Louis Kaplow,Aaron S. Edlin,C. Scott Hemphill
Publisher : Aspen Publishing
Page : 1175 pages
File Size : 43,8 Mb
Release : 2021-09-15
Category : Law
ISBN : 9781543817492

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Antitrust Analysis by Phillip E. Areeda,Louis Kaplow,Aaron S. Edlin,C. Scott Hemphill Pdf

Distinguished authorship characterizes Antitrust Analysis: Problems, Text, and Cases, first written by Phil Areeda, the leading antitrust commentator of the 20th century. The text continues to be revised by three of the leading lawyer economists of the early 21st century. This traditional casebook is also known for its pedagogy (cases, explanatory text, and problems) and insightful text that conveys essential background information along with necessary economic principles. Recognizing that the most important development in antitrust doctrine over the past fifty years is the increasingly central role of economic analysis, the authors take great care to convey economic learning to students in plain language with a minimum of technical apparatus, resulting in a powerful volume adopted by experienced instructors and first-time teachers alike. Helpful appendices include Selected Statutes, such as the Sherman Act, the Clayton Act, and the Federal Trade Commission Act. New to the Eighth Edition: The addition of C. Scott Hemphill as a co-author, adding to the already distinguished author team. Since the last edition, antitrust enforcers and courts have struggled to grapple with the rising importance of platforms in our increasingly digital economy. The new edition gives extensive attention to these developments, including: The Supreme Court’s decision in Ohio v. American Express Major enforcement actions against Apple, Facebook, and Google New Vertical Merger Guidelines Completely rewritten and streamlined introductory material in Chapter 1. Professors and student will benefit from: Distinguished authorship: Original author Areeda was the leading antitrust commentator of the 20th century; Kaplow, Edlin, and Hemphill are leading lawyer-economists of the early 21st century. Pedagogy: Traditional casebook with cases, explanatory text, and problems. Insightful textual explanations convey essential background information and necessary economic principles. Adopted by experienced instructors and first-time teachers alike. Appendix includes selected statutes and the Sherman Act, the Clayton Act, and the Federal Trade Commission Act. Teaching materials Include: Teacher’s Manual

Antitrust Law and Intellectual Property Rights

Author : Christopher R. Leslie
Publisher : Oxford University Press, USA
Page : 702 pages
File Size : 43,7 Mb
Release : 2011
Category : Law
ISBN : 9780195337198

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Antitrust Law and Intellectual Property Rights by Christopher R. Leslie Pdf

In Antitrust Law and Intellectual Property Rights: Cases and Materials, Christopher R. Leslie describes how patents, copyrights, and trademarks confer exclusionary rights on their owners, and how firms sometimes exercise this exclusionary power in ways that exceed the legitimate bounds of their intellectual property rights. Leslie explains that while substantive intellectual property law defines the scope of the exclusionary rights, antitrust law often provides the most important consequences when owners of intellectual property misuse their rights in a way that harms consumers or illegitimately excludes competitors. Antitrust law defines the limits of what intellectual property owners can do with their IP rights. In this book, Leslie explores what conduct firms can and cannot engage in while acquiring and exploiting their intellectual property rights, and surveys those aspects of antitrust law that are necessary for both antitrust practitioners and intellectual property attorneys to understand. This book is ideal for an advanced antitrust course in a JD program. In addition to building on basic antitrust concepts, it fills in a gap that is often missing in basic antitrust courses yet critical for an intellectual property lawyer: the intersection of intellectual property and antitrust law. The relationship between intellectual property and antitrust is particularly valuable as an increasing number of law schools offer specializations and LLMs in intellectual property. This book also provides meaningful material for both undergraduate and graduate business schools programs because it explains how antitrust law limits the marshalling of intellectual property rights.

The Antitrust Paradox

Author : Robert Bork
Publisher : Unknown
Page : 536 pages
File Size : 54,6 Mb
Release : 2021-02-22
Category : Electronic
ISBN : 1736089714

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The Antitrust Paradox by Robert Bork Pdf

The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.

Does Antitrust Need to be Modernized?

Author : Dennis W. Carlton
Publisher : Unknown
Page : 30 pages
File Size : 42,5 Mb
Release : 2007
Category : Antitrust law
ISBN : STANFORD:36105063706357

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Does Antitrust Need to be Modernized? by Dennis W. Carlton Pdf

Intellectual Property, Antitrust and Cumulative Innovation in the EU and the US

Author : Thorsten Käseberg
Publisher : Bloomsbury Publishing
Page : 330 pages
File Size : 51,5 Mb
Release : 2012-06-08
Category : Law
ISBN : 9781847319579

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Intellectual Property, Antitrust and Cumulative Innovation in the EU and the US by Thorsten Käseberg Pdf

For decades, the debate about the tension between IP and antitrust law has revolved around the question to what extent antitrust should accept that IP laws may bar competition in order to stimulate innovation. The rise of IP rights in recent years has highlighted the problem that IP may also impede innovation, if research for new technologies or the marketing of new products requires access to protected prior innovation. How this 'cumulative innovation' is actually accounted for under IP and antitrust laws in the EU and the US, and how it could alternatively be dealt with, are the central questions addressed in this unique study by lawyer and economist Thorsten Käseberg. Taking an integrated view of both IP and antitrust rules – in particular on refusals to deal based on IP – the book assesses policy levers under European and US patent, copyright and trade secrecy laws, such as the bar for and scope of protection as well as research exemptions, compulsory licensing regimes and misuse doctrines. It analyses what the allocation of tasks is and should be between these IP levers and antitrust rules, in particular the law on abuse of dominance (Article 102 TFEU) and monopolisation (Section 2 Sherman Act), while particular attention is paid to the essential facilities doctrine, including pricing methodologies for access to IP. Many recent decisions and judgments are put into a coherent analytical framework, such as IMS Health, AstraZeneca, GlaxoSmithKline (in the EU), Apple (France), Orange Book Standard (Germany), Trinko, Rambus, NYMEX, eBay (US), Microsoft and IBM/T3 (both EU and US). Further topics covered include: IP protection for software, interoperability information and databases; industry-specific tailoring of IP; antitrust innovation market analysis; and the WTO law on the IP/antitrust interface.

Antitrust for Small and Middle Size Undertakings and Image Protection from Non-Competitors

Author : Pranvera Këllezi,Bruce Kilpatrick,Pierre Kobel
Publisher : Springer
Page : 465 pages
File Size : 40,7 Mb
Release : 2014-05-05
Category : Law
ISBN : 9783642540004

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Antitrust for Small and Middle Size Undertakings and Image Protection from Non-Competitors by Pranvera Këllezi,Bruce Kilpatrick,Pierre Kobel Pdf

This publication provides an unparalleled comparative analysis of two "hot topics" in the field of antitrust and unfair competition laws with regard to a number of key countries. The first part of the book examines whether small and middle-sized businesses could or should be subject to specific competition rules. These businesses account for 99% of the enterprises in Europe and the United States, making this a particularly important topic. The papers consider both the public and private enforcement rules across a range of jurisdictions and a detailed international report, prepared by Michele Carpagnano, identifies general trends and highlights differences and the most interesting features of national regulations. The second part of the book gathers contributions from various jurisdictions on the unfair competition question of whether a company could or should be protected against the use of their trademark, distinctive signs and other components of their image and identity on the part of non-competing companies. The papers focus on the fundamental issue of the competitive relationship as a condition of protection under unfair competition acts and the connection to intellectual property protection. The comprehensive and insightful international report, prepared by Martine Karsenty-Ricard, brings together these reflections by comparing various national positions. The book also includes the resolutions passed by the General Assembly of the LIDC following a debate on each of these topics, which include proposed solutions and recommendations. The International League of Competition Law (LIDC) is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.

Industrial Organization in Context

Author : Stephen Martin
Publisher : Oxford University Press, USA
Page : 1021 pages
File Size : 43,9 Mb
Release : 2010-04-22
Category : Business & Economics
ISBN : 9780199291199

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Industrial Organization in Context by Stephen Martin Pdf

Industrial Organization in Context examines the economics of markets, industries and their participants and public policy towards these entities. It takes an international approach and incorporates discussion of experimental tests of economic models.

Telecom Antitrust Handbook

Author : Anonim
Publisher : American Bar Association
Page : 644 pages
File Size : 49,6 Mb
Release : 2005
Category : Business & Economics
ISBN : 1590315227

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Telecom Antitrust Handbook by Anonim Pdf

Comprehensive review of the application of antitrust law and principles to the communications market and an invaluable resource for both antitrust and telecom practitioners. It discusses substantive antitrust law applicable to the communications industries, including horizontal mergers, vertical mergers, joint ventures, and restraints of trade.