Appropriability in antitrust: How much is enough?

Article Abstract:

The author discusses appropriability arguments addressing conflicts between patent policy and antitrust law. Topics include the essential facilities doctrine, the lawfulness of innocently acquired monopolies, and the argument that antitrust law should treat research and high-tech joint ventures permissively to compensate for weak intellectual property rights.

Laws, regulations and rules, Intellectual property

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Analyzing antitrust analysis: the roles of fact and economic theory in summary judgment adjudication

Article Abstract:

The author analyzes a 1992 US Supreme Court antitrust case in which the court accepted new economic theories introduced by the plaintiff to explain real-world market dynamics. Topics include policy norms and operational rules and the interplay between fact and economic theories in antitrust summary judgement adjuration.

Analysis, Law and fact, Law and economics, Law and economics (Jurisprudence)

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