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Antitrust: on the cutting edge.
March 22, 1999... Bill Curran suggested that we consider organizing a conference on pressing issues in antitrust policy. We accepted his suggestion and the result was a very busy and stimulating day in Gainesville. The entire venture was made possible by the...
Microsoft and the public choice critique of antitrust.
March 22, 1999... I. Introduction
Over the past three decades, antitrust scholars have debated the purposes of the antitrust laws. The Chicago school has contended that the Sherman Act was designed (or at least should be interpreted) to promote economic...
Monopoly bundling in cyberspace: how many products does Microsoft sell?
March 22, 1999... I. Introduction
Microsoft has required firms that purchase its operating system to take other software from it as well.(1) More precisely, Microsoft requires firms that manufacture personal computers (original equipment manufacturers or...
Managed care and the questionable relevance of Maricopa.
March 22, 1999... I. Introduction
In Arizona v. Maricopa County Medical Society,(1) the Supreme Court declared that a physician group commits a per se violation of section 1 of the Sherman Act by setting maximum fees that member-doctors will charge...
The pass-on problem in indirect purchaser class litigation.
March 22, 1999... I. Introduction
There are two types of price fixing lawsuits. A direct purchaser action is one in which the plaintiff purchases product directly from the purported conspirators. An indirect purchaser lawsuit is one in which the...
Intellectual property and the essential facilities doctrine.
March 22, 1999... I. Introduction
Recent litigation involving Intel(1) and Microsoft(2) has revived interest in the rarely used and much-criticized antitrust doctrine of essential facilities. Briefly stated, the doctrine interprets section 2 of the Sherman...