Optimal incentives for patent challenges in the pharmaceutical industry

Posted by Social Science Research Network Optimal incentives for patent challenges in the pharmaceutical industry By Enrico Boehme, Jonas Severin Frank & Wolfgang Kerber (University Marburg) Abstract:      Since the patent system relies on private litigation for challenging weak patents, and patent settlements might influence the incentives for challenging patents, the question arises whether […]

Airline cooperation and international travel: analyses of the impact of antitrust immunity and joint ventures on fares and traffic

Posted by Social Science Research Network Airline cooperation and international travel: analyses of the impact of antitrust immunity and joint ventures on fares and traffic Yair Eilat (Government of the State of Israel), Mark A. Israel & Robert J Calzaretta Jr. (Compass Lexecon) Abstract:     This paper analyzes the impact of varying degrees of airline cooperation on […]

Margin Squeeze – Where Competition Law and Sector Regulation Compete

Posted by Social Science Research Network Margin Squeeze – Where Competition Law and Sector Regulation Compete By Friso Bostoen (KU Leuven) Abstract:     This paper discusses abusive pricing practices by dominant undertakings. It starts with an overview of the different ways an undertaking can abuse its dominant position through pricing (chapter 2). The focus of […]

The Horizons of Antitrust

Posted by Social Science Research Network The Horizons of Antitrust By Richard M. Steuer (Mayer Brown) Abstract:     The goals of antitrust law were the subject of debate in the United States during the 2016 election campaign and thereafter. While consumer welfare and efficiency have become the lodestars of antitrust enforcement, other goals such as […]

Pleading, Discovering, and Proving a Sherman Act Agreement: Harmonizing Twombly and Matsushita

Posted by Social Science Research Network Pleading, Discovering, and Proving a Sherman Act Agreement: Harmonizing Twombly and Matsushita By William H. Page (University of Florida) Abstract:     Twombly and Matsushita have created a staged decision-theoretic inquiry in which courts ask at the pleading stage and, if necessary, again after discovery whether the plaintiff has made […]

Joint research and development collaborations under competition law, with a layman’s economic viewpoint

Posted by Social Science Research Network Joint research and development collaborations under competition law, with a layman’s economic viewpoint By Bjorn Lundqvist (Stockholm University) Abstract:     The object of the paper is to dissect the antitrust treatment in the US and under EU law of joint research and development agreements (joint R&D), discussing issues such […]

Antitrust analysis of hub-and-spoke conspiracies

Posted by Social Science Research Network Antitrust analysis of hub-and-spoke conspiracies By Benjamin Klein (University of California) Abstract:     This paper clarifies the relation between per se hub-and-spoke and vertical rule of reason antitrust analysis, the tension between which is illustrated with a detailed examination of the Apple e-books case. Continue reading…

Employee-athletes, antitrust, and the future of college sports

Posted by Social Science Research Network Employee-athletes, antitrust, and the future of college sports By William W. Berry III (University of Mississippi) Abstract:      The Ninth Circuit’s antitrust analysis in its recent college sports cases centers on whether amateurism offers a pro-competitive justification for its restraint on athlete compensation. Specifically, the question is whether the […]

The intersection of antitrust and market manipulation law

Posted by Social Science Research Network The intersection of antitrust and market manipulation law By Shaun D. Ledgerwood & Jeremy A. Verlinda (The Brattle Group) Abstract:     The antitrust laws are increasingly used to prosecute alleged acts of market manipulation, particularly against firms in the banking and energy industries. Both industries are now regulated subject to fraud-based […]

Party funding, competition law and the protection of political democracy

Posted by Social Science Research Network Party funding, competition law and the protection of political democracy By Arthur Guerra Filho (King’s College London) Abstract:      Capitalist democracies are paradoxical: while their political system is premised on equality, their economic system is based on the promise of inequality. Bill Gates’ vote has the same weight […]

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