The antitrust treatment of trade secrets has remained largely hidden, with trade secrets today being viewed as simply the equivalent of other forms of intellectual property. Closer examination reveals, however, that although the antitrust treatment of trade secrets fits generally into the debate...

Intellectual property law is out of control. For more than a decade intellectual property rights holders have successfully expanded their rights, in the courts and in Congress. Commentators and policy makers have recently expressed concern over this expansion, and the Supreme Court has begun to...

This paper, which will be published as a chapter in Foundation Press's forthcoming volume of antitrust stories, reviews United States v. Topco Associates, the Supreme Court's 1972 decision holding that horizontal territorial divisions are per se unlawful under Section 1 of the Sherman Act. Most...

On September 17, 2007, the European Court of First Instance decided Microsoft's appeal of the European Commission's 2004 decision finding that Microsoft had violated Article 82 of the EC Treaty by failing to provide certain interoperability information to Sun Microsystems and by refusing to...

This Article examines the use of public interest factors in merger analysis. We begin with a review of the use of such factors in jurisdictions around the world and then focus on the U.S. Supreme Court's rejection of public interest factors in the Philadelphia National Bank case and on South...