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Netscape Is Dead Remedy Lessons From The Microsoft Litigation
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Book Synopsis Netscape is Dead - Remedy lessons from the Microsoft Litigation by : Harry First
Download or read book Netscape is Dead - Remedy lessons from the Microsoft Litigation written by Harry First and published by Leya. This book was released on 2023-07-24 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: Harry First ? Netscape is Dead ? Remedy lessons from the Microsoft Litigation Este artigo faz parte da Revista de Concorrência e Regulação - Ano 1 - N.o 1 - Janeiro-Março 2010 Consulte a página da revista em http://cr.almedina.net Esta revista está também disponível como parte de uma Assinatura.
Download or read book Microsoft on Trial written by Luca Rubini and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Research Handbook on the Economics of Antitrust Law by : Einer Elhauge
Download or read book Research Handbook on the Economics of Antitrust Law written by Einer Elhauge and published by Edward Elgar Publishing. This book was released on 2012 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: One might mistakenly think that the long tradition of economic analysis in antitrust law would mean there is little new to say. Yet the field is surprisingly dynamic and changing. The specially commissioned chapters in this landmark volume offer a rigorous analysis of the field's most current and contentious issues. Focusing on those areas of antitrust economics that are most in flux, leading scholars discuss topics such as: mergers that create unilateral effects or eliminate potential competition; whether market definition is necessary; tying, bundled discounts, and loyalty discounts; a new theory of predatory pricing; assessing vertical price-fixing after Leegin; proving horizontal agreements after Twombly; modern analysis of monopsony power; the economics of antitrust enforcement; international antitrust issues; antitrust in regulated industries; the antitrust-patent intersection; and modern methods for measuring antitrust damages. Students and scholars of law and economics, law practitioners, regulators, and economists with an interest in industrial organization and consulting will find this seminal Handbook an essential and informative resource.
Book Synopsis Refusals to License Intellectual Property by : Ian Eagles
Download or read book Refusals to License Intellectual Property written by Ian Eagles and published by Bloomsbury Publishing. This book was released on 2011-12-15 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic analysis rarely appears on the judicial horizon in intellectual property litigation. In competition cases, by contrast, economists are familiar figures in the courtroom and the language of economics is scattered throughout the judgments of even the highest courts. One might expect, therefore, that refusals to license intellectual property would generate the same fruitful symbiosis between law and economics when those refusals surface in competition proceedings. This however, has not been how the law on this subject has developed in most jurisdictions. Courts and enforcement agencies faced with a unilateral refusal to license have instead tended to retreat into sketchily articulated black letter rules and presumptions which then have to be fenced off from the rest of competition law by economically irrelevant qualifications and distinctions based on private law categorisations of, and rationales for, individual intellectual property rights. This bypassing of case-by-case analysis in favour of more traditional modes of legal reasoning is not entirely the fault of lawyers. Economists have contributed to this state of affairs by urging judges and regulators to convert empirically undernourished theories about the proper role of intellectual property in a market economy into rules of law and evidentiary presumptions intended to be binding in future cases. How this came about and what it means for the future of effective competition enforcement globally are the twin concerns of this book.
Download or read book Remedies written by David I. Levine and published by West Academic Publishing. This book was released on 2009 with total page 1064 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many sections of Levine, Jung, and Thomas's Remedies: Public and Private include problems for use as written assignments or as the basis for oral discussion. The section on punitive damages has been reorganized and expanded. The teacher's manual includes briefs for every principal case and full treatment of note material. This casebook covers: An introduction to the law of remedies Nature, availability, and scope of injunctions Procedures for formulating, administering, and enforcing the injunction Declaratory judgment Punitive damages Compensatory damages Restitution and restitution remedies Collection of monetary judgments Bars to obtaining relief Attorneys' fees
Book Synopsis The Design of Competition Law Institutions by : Eleanor M Fox
Download or read book The Design of Competition Law Institutions written by Eleanor M Fox and published by Oxford University Press. This book was released on 2013 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: Significant power is exercised through webs created between different systems of national law, influenced by governments but also by transnational actors such as global corporations and transnational NGOs, and often with an overlay of formal international law or of substantial influence from international institutions. Studying the procedures used by competition institutions (dealing with specific cases concerning monopolies, mergers, anti-competitive practices) this volumes uses a template to study practices of many national institutions and the EU, and examines the interactions among these and with prescriptions of influential international bodies. Together these form a web, with existing procedural rules and practices in a particular institution criticized and alternatives championed and transmitted partly by prescription and partly by arguments of major global law firms, of global corporations, and of consultants dispatched by the ICN and other agencies. This whole process, examined for the first time in this book, is the real global governance of the procedural law and practices of market supervision under competition rules. Delving deeply into their jurisdictions and internationally, the contributors illuminate the inner workings of the systems and expose the procedure, process, and performance norms embedded within. Case studies are drawn from Australia, Canada, Chile, China, Japan, South Africa, the USA, and the EU, as well as four leading international institutions involved in antitrust, the World Trade Organization, the Organization for Economic Cooperation and Development, the United Nations Conference on Trade and Development, and the International Competition Network. The results reveal a convergence of these norms across the very different systems, a procedural norms convergence that offers a necessary counterpart to studies on substantive rule convergence. These results provide benchmarks for the field, suggest possibilities for future development, and offer lessons for all interested in competition law and global governance.
Book Synopsis The Global Limits of Competition Law by : D. Daniel Sokol
Download or read book The Global Limits of Competition Law written by D. Daniel Sokol and published by Stanford University Press. This book was released on 2012-06-13 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last three decades, the field of antitrust law has grown increasingly prominent, and more than one hundred countries have enacted competition law statutes. As competition law expands to jurisdictions with very different economic, social, cultural, and institutional backgrounds, the debates over its usefulness have similarly evolved. This book, the first in a new series on global competition law, critically assesses the importance of competition law, its development and modern practice, and the global limits that have emerged. This volume will be a key resource to both scholars and practitioners interested in antitrust, competition law, economics, business strategy, and administrative sciences.
Book Synopsis The Law and Theory of Trade Secrecy by : Rochelle C. Dreyfuss
Download or read book The Law and Theory of Trade Secrecy written by Rochelle C. Dreyfuss and published by Edward Elgar Publishing. This book was released on 2011 with total page 639 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely Handbook marks a major shift in innovation studies, moving the focus of attention from the standard intellectual property regimes of copyright, patent, and trademark, to an exploration of trade secrecy and the laws governing know-how, tacit knowledge, and confidential relationships. The editors introduce the long tradition of trade secrecy protection and its emerging importance as a focus of scholarly inquiry. The book then presents theoretical, doctrinal, and comparative considerations of the foundations of trade secrecy, before moving on to study the impact of trade secrecy regimes on innovation and on other social values. Coverage includes topics such as sharing norms, expressive interests, culture, politics, competition, health, and the environment. This important Handbook offers the first modern exploration of trade secrecy law and will strongly appeal to intellectual property academics, and to students and lawyers practicing in the intellectual property area. Professors in competition law, constitutional law and environmental law will also find much to interest them in this book, as will innovation theorists.
Book Synopsis European Competition Law by : Lorenzo Federico Pace
Download or read book European Competition Law written by Lorenzo Federico Pace and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book, with contributions from prominent experts including Luis Ortiz Blanco, Valentine Korah, Ernst-Joachim Mestmäcker, Lorenzo F. Pace and Richard Whish, examines the novel aspects of the 2009 Guidance on Article 102. They present a critical assessment of the Guidance that could be relevant to the result of the ongoing Commission'sinvestigations, for example, the opened procedure against Google. Moreover, the contributing authors identify the differences between the Guidance and the prohibition of exclusionary abuses in some member states (including France, Germany, Great Britain, Italy and Spain) and reveal the ways in which the relevant national laws treat exclusionary abuses, and assess how they differ from the approach of the Guidance. They also reveal the history and development of the relevant national legislation on prohibitions of unilateral conduct.
Book Synopsis Market Design Powers of the European Commission? by : Korbinian Reiter
Download or read book Market Design Powers of the European Commission? written by Korbinian Reiter and published by Springer Nature. This book was released on 2020-02-06 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive analysis of the remedies practice the European Commission has adopted on the basis of articles 7 and 9 of regulation 1/03. Using article 7 as a normative benchmark, it shows that most of the criticism levelled at the Commission's article 9 decisions and the Alrosa judgment of the CJEU is not justified, since critics tend to over-state both the rigour of article 7 and the laxness of article 9. Remaining inconsistencies between the commitment practice and the standards for infringement decisions can, it is submitted, be justified by the consensual nature of commitment decisions and their underlying goal of procedural economy. Moreover, it is suggested that too little importance is generally assigned to the beneficial effect which commitments bring about by providing for precise and enforceable obligations without sacrificing the concerned undertakings’ freedom to choose how to put the infringement to an end. Adopting a case-oriented approach, this study provides valuable insights for academics and practitioners alike.
Download or read book The Microsoft Case written by Jay Dratler and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the recent rejection of the last holdout state's objections to the federal settlement in Microsoft IV, the last shoe appears to have dropped in this mammoth litigation. After all the dust had settled, Microsoft had essentially written its own remedy, albeit under considerable pressure. This piece reviews the lessons, both legal and strategic, that can be learned from the case. The piece begins with a discussion of the two main antitrust claims against Microsoft: (1) monopolization by extending its operating-system monopoly, and (2) tying its Internet browser to its monopoly O/S platform. The piece explores why the D.C. Circuit affirmed liability on the first and reversed a finding of liability on the second, as well as on a related attempt claim. It then provides a detailed critique of the D.C. Circuit's analysis and the government's handling of the case. The piece criticizes the D.C. Circuit's reversal of liability for attempting to monopolize and for tying on two grounds. First, it finds little precedent in law, and little reason in economics, for the court's ipse dixit that attempt and tying claims invariably require proof of barriers to entry in the defined market - far less structural barriers of the kind the court apparently had in mind. Second, the piece finds the court guilty of something approaching willful blindness in failing to notice that virtually all the conduct the court itself discussed under the heading of monopolization of the O/S market in fact created substantial barriers to entry into the browser market. Finally, the piece reviews the court's extraordinary dictum to the effect that the computer software industry is somehow different for antitrust purposes and finds it inconsistent with voluminous Supreme Court precedent and economically irrational. The piece then examines the government's litigation strategy of putting virtually all its eggs in one basket: the theory that Microsoft extended its O/S monopoly by removing the threat to that monopoly posed by browsers as middleware. It shows how reliance on that convoluted theory virtually precluded any substantial remedy by making it impossible to demonstrate a causal relationship between remedy and wrong. Finally, the piece discusses the government's failure to prove a relevant market for the tying claim, thereby not only abandoning a claim in which causation should have been easier to prove, but also inviting a disastrous holding that encourages monopolists of dominant software platforms to gobble up add-ons, too. The piece concludes with a suggestion for litigation strategy keeping the remedy in mind and a nod to the European Union for picking up the ball dropped by U.S. antitrust authorities.
Download or read book Symposium written by and published by . This book was released on 2009 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis European Competition Law Annual 2011 by : Philip Lowe
Download or read book European Competition Law Annual 2011 written by Philip Lowe and published by Bloomsbury Publishing. This book was released on 2014-11-01 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains papers presented at the 16th Annual EU Competition Law and Policy Workshop, held at the European University Institute on 17-18 June 2011. This edition of the Workshop examined the emerging and increasingly important use of private rights of action before national courts, and the prospects for legislation and soft law initiatives at the level of the EU. The book has been updated and reflects the European Commission's private enforcement package of June 2013. Furthermore, the experiences of various national jurisdictions are discussed, both within Europe and in the US and Canada. As a whole, the volume explores how public and private enforcement might function harmoniously, as an 'integrated' system, to promote the public interest while ensuring that individual rights created in this field by the EU competition rules are vindicated. The contributors have, however, devoted significant analysis to the tensions between those two modes of enforcement. Authors contributing to this book include: Enno Ahlenstiel Donald Baker Jochen Burrichter Horst Butz Scott Campbell Brian Facey Tristan Feunteun Ian Forrester Andrew Foster Andrew Gavil Barry Hawk James Keyte Assimakis Komninos Bruno Lasserre Frédéric Louis Mel Marquis Veljko Milutinovic Luis Silva Morais Tom Ottervanger Silvia Pietrini Mark Powell John Ratliff J Thomas Rosch David Rosner Mario Siragusa James Venit
Book Synopsis How the Web was Won by : Paul Andrews
Download or read book How the Web was Won written by Paul Andrews and published by Broadway. This book was released on 2000 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Donation.
Download or read book The Curse of Bigness written by Tim Wu and published by . This book was released on 2018 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the man who coined the term "net neutrality" and who has made significant contributions to our understanding of antitrust policy and wireless communications, comes a call for tighter antitrust enforcement and an end to corporate bigness.
Book Synopsis Hijacking the World by : Roberto Di Cosmo
Download or read book Hijacking the World written by Roberto Di Cosmo and published by . This book was released on 1998 with total page 135 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis In Defense of Monopoly by : Richard B. McKenzie
Download or read book In Defense of Monopoly written by Richard B. McKenzie and published by University of Michigan Press. This book was released on 2019-02-28 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Defense of Monopoly offers an unconventional but empirically grounded argument in favor of market monopolies. Authors McKenzie and Lee claim that conventional, static models exaggerate the harm done by real-world monopolies, and they show why some degree of monopoly presence is necessary to maximize the improvement of human welfare over time. Inspired by Joseph Schumpeter's suggestion that market imperfections can drive an economy's long-term progress, In Defense of Monopoly defies conventional assumptions to show readers why an economic system's failure to efficiently allocate its resources is actually a necessary precondition for maximizing the system's long-term performance: the perfectly fluid, competitive economy idealized by most economists is decidedly inferior to one characterized by market entry and exit restrictions or costs. An economy is not a board game in which players compete for a limited number of properties, nor is it much like the kind of blackboard games that economists use to develop their monopoly models. As McKenzie and Lee demonstrate, the creation of goods and services in the real world requires not only competition but the prospect of gains beyond a normal competitive rate of return.
