Standard-setting consortia, antitrust, and high-technology industries

Article Abstract:

Continued vigilant application of the rule of reason to standard-setting in the telecommunications and information technology industries will be sufficient to enforce antitrust laws. Antitrust enforcement agencies need not scrutinize the procedures used to establish standards. Under the rule of reason, antitrust investigations should focus on the subjective basis for standard-setting to determine whether such standards are reasonable. Existing laws are sufficient to deter standard-setting that is intended to harm competition.

Standards, United States, High technology industry, Laws, regulations and rules, Standardization

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Post-Chicago economics: economists, lawyers, judges, and enforcement officials in a less determinate theoretical world

Article Abstract:

The ideological shift from Chicago School antitrust analysis to post-Chicago analysis will have significant effect on attorneys, judges and economists involved with antitrust law. The fact-based, complex post-Chicago approach will yield less-certain outcomes because this approach questions the assumptions that were taken for granted by Chicago School theorists. This increased uncertainty will mean that attorneys can no longer be assured that a particular showing of proof will dispose of an issue or a case.

Analysis, Industrial organization, Chicago school of economics, Monetarism

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