Chairman Upton's request to the FCC for additional tiers to current ownership caps is an important step in closing the regulatory gap between broadcast radio and competing platforms. Granted there are concerns raised over concentrated market power in the broadcast radio industry, where critics...

Trademark law’s current conception of information and how trademarks enable information transmission is underdeveloped. It has led to a world where trademark law hinders rather than “fosters the flow of information in markets.” Instead of promoting information exchange across and within...

The central claim of this Article is that, as a descriptive matter, trademark legislation and court interpretation is a close normative match with the Chicago School approach of scholars such as Robert Bork and Richard Posner. The organizing intellectual structure of modern trademark law, as...

The paper first summarizes the benefits of competition, i.e. why competitive markets are more efficient than oligopolistic or monopolistic markets, and the threats to competitive markets from cartels, concentration, and government interference. In the main part, the paper presents the key...

In his 2012 article, “Revisiting the Revisionist History of Standard Oil”, Christopher Leslie takes issue with John McGee's work on predatory pricing and its influence on antitrust law and scholarship. Leslie claims McGee's analysis was methodologically flawed, ideologically motivated, but...

The effects of mergers on the media marketplace have historically failed to live up to dire predictions. Mergers are often a response to technological upheaval and turbulence in the media industry and firms should be allowed to experiment with such alternative business models with the intent on...

This article provides a simple account of the effect of quality competition on the extent of sequential entry accommodation for a differentiated oligopoly market characterized by locational differentiation. The model is solved with consumers seeking a “love for quality” surplus utility while...

Starting in 2013, authors of copyrighted work and their successors will be able to terminate every assignment and license 35 years after execution. These termination rights are inalienable and are expected to have a substantial impact on some industries, and in particular, the music...

The current dispute between the NFL Network and cable operators over carriage arrangements is a sign the market is working rather than failing. Proposed state legislation mandating arbitration for these disputes negates the programming distributor's ability to negotiate price, terms and...

Brands and brand management have become a central feature of the modern economy and a staple of business theory and business practice. Contrary to the law’s conception of trademarks, brands are used to indicate far more than source and/or quality. This volume begins the process of broadening...