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The Scope of Application of Competition Laws

Chris Noonan

in The Emerging Principles of International Competition Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199207527
eISBN:
9780191708817
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207527.003.0008
Subject:
Law, Public International Law, Competition Law

This chapter examines the scope of application of the competition laws in the US, the EU, and Japan. A number of legal rules determine the effective scope of application of competition laws. The ... More


On the Foundations of Antitrust Law and Economics

Daniel L. Rubinfeld

in How the Chicago School Overshot the Mark: The Effect of Conservative Economic Analysis on U.S. Antitrust

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195372823
eISBN:
9780199871773
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372823.003.0006
Subject:
Economics and Finance, Behavioural Economics

This paper suggests that while the influence of industrial organization economics has grown substantially over time, it would be overly simplistic to characterize that influence as having been driven ... More


Introduction: Setting the Stage

Robert Pitofsky

in How the Chicago School Overshot the Mark: The Effect of Conservative Economic Analysis on U.S. Antitrust

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195372823
eISBN:
9780199871773
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372823.003.0001
Subject:
Economics and Finance, Behavioural Economics

This chapter presents four papers from some of the most eminent people in the antitrust field. It analyzes “barriers to entry” from a practical rather than theoretical point of view, and concludes ... More


Influence of Conservative Economic Analysis on the Development of the Law of Antitrust

Thomas E. Kauper

in How the Chicago School Overshot the Mark: The Effect of Conservative Economic Analysis on U.S. Antitrust

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195372823
eISBN:
9780199871773
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372823.003.0005
Subject:
Economics and Finance, Behavioural Economics

This paper begins by noting a widespread unease, indeed a sense of “something gone wrong”—with today's antitrust enforcement. In particular, it notes a growing sense of too much emphasis on ... More


The Harvard and Chicago Schools and the Dominant Firm

Herbert Hovenkamp

in How the Chicago School Overshot the Mark: The Effect of Conservative Economic Analysis on U.S. Antitrust

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195372823
eISBN:
9780199871773
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372823.003.0009
Subject:
Economics and Finance, Behavioural Economics

This paper begins with a wide-ranging comparison of “Chicago School” analysis with the earlier and more liberal “Harvard School” approaches, concluding that each had major influences in various areas ... More


Antitrust

Michael A. Carrier

in Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195342581
eISBN:
9780199867035
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342581.003.0003
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter sheds light on antitrust. It begins with a primer explaining the most important of the regime's doctrines. It then places today's law in context by tracing the history of antitrust law. ... More


Economics in Law

Neil Duxbury

in Patterns of American Jurisprudence

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198264910
eISBN:
9780191682865
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264910.003.0006
Subject:
Law, Philosophy of Law

This chapter addresses the argument in the economics in law. It specifically attempts to show that to understand properly the significance and the appeal of—not to mention the controversy generated ... More


Cooperation, Comity, and Competition Policy: United States

Edward T. Swaine

in Cooperation, Comity, and Competition Policy

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195387704
eISBN:
9780199866762
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195387704.003.0001
Subject:
Law, Public International Law

This chapter begins with a brief discussion of the distinctive features of antitrust extraterritoriality as it has been experienced in the United States. It then discusses US appetite for ... More


Jurisdiction, Cooperation, Comity, and Competition Policy in Brazilian International Antitrust Law

Luciano Benetti Timm

in Cooperation, Comity, and Competition Policy

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195387704
eISBN:
9780199866762
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195387704.003.0004
Subject:
Law, Public International Law

This chapter discusses the current state of international jurisdiction and cooperation in Brazilian antitrust law, in order to orient strategies and policies related to international competition law ... More


Extraterritorial Application of Antitrust— The Case of a Small Economy: Israel

Michal S. Gal

in Cooperation, Comity, and Competition Policy

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195387704
eISBN:
9780199866762
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195387704.003.0006
Subject:
Law, Public International Law

This chapter analyzes the tools available to Israel to tackle international antitrust issues. The chapter is organized as follows. The second section analyzes the current international antitrust ... More


The Importance of Harm

Christina Bohannan and Herbert Hovenkamp

in Creation without Restraint: Promoting Liberty and Rivalry in Innovation

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199738830
eISBN:
9780199932702
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199738830.003.0004
Subject:
Law, Competition Law, Intellectual Property, IT, and Media Law

This chapter analyzes the unjustified differences between proof of harm in competition and innovation policy. In antitrust law, harm is never presumed and must be proven without undue speculation, ... More


The United States The Competition Law System and the Country’s Norms

Harry First, Eleanor Fox, and Daniel E. Hemli

in The Design of Competition Law Institutions: Global Norms, Local Choices

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199670048
eISBN:
9780191744341
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670048.003.0008
Subject:
Law, Competition Law, Public International Law

This chapter discusses the history, institutional structure, mandate, procedural characteristics, and agency performance of the competition law system of the United States. The US enforcement system ... More


Antitrust and IP: 20th century

Michael A. Carrier

in Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195342581
eISBN:
9780199867035
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342581.003.0004
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter explores the underpinnings of the mutual distrust between intellectual property (IP) and antitrust and the various stages of their relationship. It begins by discussing the conflict ... More


Innovation and Exclusion

Christina Bohannan and Herbert Hovenkamp

in Creation without Restraint: Promoting Liberty and Rivalry in Innovation

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199738830
eISBN:
9780199932702
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199738830.003.0012
Subject:
Law, Competition Law, Intellectual Property, IT, and Media Law

This chapter examines exclusionary practices by dominant firms in innovation-intensive markets. Both IP and antitrust law are properly concerned with incentivizing innovation. But innovation can also ... More


Statutory Provisions and Higher Court Interpretations

Louis Kaplow

in Competition Policy and Price Fixing

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691158624
eISBN:
9781400846078
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691158624.003.0004
Subject:
Economics and Finance, Economic History

This chapter examines competition law's doctrine on horizontal agreements. It begins by addressing the U.S. statute, Sherman Act Section 1. The chapter then turns to the leading Supreme Court ... More


Competition Policy in IP-Intensive Markets

Christina Bohannan and Herbert Hovenkamp

in Creation without Restraint: Promoting Liberty and Rivalry in Innovation

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199738830
eISBN:
9780199932702
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199738830.003.0002
Subject:
Law, Competition Law, Intellectual Property, IT, and Media Law

This chapter explores the nature and goals of competition policy, including some important differences between price competition and innovation competition. Specifically, it discusses antitrust's ... More


Misuse

Christina Bohannan and Herbert Hovenkamp

in Creation without Restraint: Promoting Liberty and Rivalry in Innovation

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199738830
eISBN:
9780199932702
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199738830.003.0011
Subject:
Law, Competition Law, Intellectual Property, IT, and Media Law

The ability of antitrust law to deal with innovation restraints is limited because the path of innovation is frequently unpredictable, at least when the innovation's promise lies in the future. The ... More


Innovation, Competition, and the Patent System

Christina Bohannan and Herbert Hovenkamp

in Creation without Restraint: Promoting Liberty and Rivalry in Innovation

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199738830
eISBN:
9780199932702
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199738830.003.0005
Subject:
Law, Competition Law, Intellectual Property, IT, and Media Law

This chapter gives a brief overview of the U.S. patent system and evaluates the problem of incentives and foreseeable harm. It also considers the severe limitations on any notion that antitrust law ... More


Creation without Restraint: Promoting Liberty and Rivalry in Innovation

Christina Bohannan and Herbert Hovenkamp

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199738830
eISBN:
9780199932702
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199738830.001.0001
Subject:
Law, Competition Law, Intellectual Property, IT, and Media Law

Both antitrust and intellectual property laws are intended to facilitate economic growth. Antitrust is meant to encourage competition of all kinds and intellectual property law should offer inventors ... More


The International Reach of Canadian Competition Law

Edward M. Iacobucci

in Cooperation, Comity, and Competition Policy

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195387704
eISBN:
9780199866762
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195387704.003.0003
Subject:
Law, Public International Law

In a small, open economy like Canada's, it would be plainly incomplete to think of antitrust law and policy as involving only domestic interests. This has always been true, but of course this has ... More


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