Antitrust Bulletin articles from June 2002

Antitrust Bulletin archives from June 2002

Transitions in IP and antitrust.(intellectual property)
June 22, 2002... In 1973, when Ward Bowman argued that the conflict between patents and antitrust was "illusory," (1) few others took that position. At the time, most commentators characterized the antitrust and intellectual property (IP) regimes as adverse to...

EC competition law and intellectual property rights in the new economy.
June 22, 2002... I. Introduction Recent developments in the new economy of information technology industries have given rise to new arguments in the long-running controversy over the appropriate relationship between European Community (EC) competition law...

Intellectual property, antitrust, and the economics of aftermarkets.
June 22, 2002... At the border of intellectual property monopolies and antitrust markets lies a field of dissonance yet to be harmonized by statute or the Supreme Court. Image Technical Services v. Eastman Kodak, 125 F.3d 1195, 1217 (9th Cir. 1997). ...

Patent thickets, cross-licensing, and antitrust.
June 22, 2002... I. Introduction Without question, one of the most difficult challenges for antitrust policy today involves the issue of technological change. Specifically, how should traditional enforcement policies be altered to (1) account for the...

IP ties and Microsoft's rule of reason.(intellectual property)
June 22, 2002... I. Introduction: tying arrangements and the rule of reason In its Microsoft decision the D.C. Circuit Court of Appeals broadened the scope of intellectual property (IP) rights by adopting a rule of reason for tying arrangements that met all...

Copyright as entry policy: the case of digital distribution.(new products or services; music and video)
June 22, 2002... The point of entry of a new product or new service is especially important for a successful economy. Entry creates the possibility of fresh competition with existing products. At least as important, we know that new products have been a...

Online music: antitrust and copyright perspectives.
June 22, 2002... Advances in technology have led once again to the intertwining of copyright and antitrust law. This time, these issues are raised by the cooperative efforts of record companies to offer online music services. (1) From an antitrust perspective,...

Are settlements of patent disputes illegal per se?(pharmaceutical industry)
June 22, 2002... I. Introduction A number of brand-name drug manufacturers have sued the producers of generic drugs for patent infringement pursuant to the terms of the Hatch-Waxman Act. (1) Prior to the final judicial resolution of these patent...

Bank Mergers in a Deregulated Environment: Promise and Peril.
June 22, 2002... Bernard Shull and Gerald A. Hanweck Westport, CT: Quorum Books (2001), xv + 217 pp., $65.00. Beginning in the 1980s, banking deregulation via removal of restrictions on interstate banking and product-line expansion provided both...