The ability of intellectual property owners to earn monopoly rents and the inability of horizontal competitors to price fix legally are two propositions that are often taken as givens. This article challenges the wholesale adoption of either proposition within the context of buyer price-fixing...

The Federal Circuit is the most visible point of the intersection between competition and patent law. When a single case contains both competition and patent issues, precedents of that court, including those pertaining to governing legal burdens or presumptions, will be critical. It is worth...

The dynamic interaction of medicine and law continues to raise difficult, cutting-edge challenges for practitioners, scholars, and decision makers in both fields. The process of accommodating new medical problems, techniques, and solutions within the traditional doctrines and processes of the...

Innovations typically rely on multiple inventions which, in turn, frequently are subject to multiple patents or patent applications. In such cases, fragmentation of patent ownership introduces obstacles that may significantly hinder innovation. Patent pools constitute one potential mechanism to...

This paper explores how firms within the audience measurement industry, specifically its radio and television markets, have navigated myriad market and nonmarket challenges. The market strategies and the nonmarket forces that constrain those strategies are largely defined by two features: the...

Antitrust law accepts the competitive marketplace, its operation, and its outcomes as an ideal. Society itself need not and does not. Although antitrust is not in the business of evaluating, for example, the “fairness” of prices, society can, and frequently does, properly concern itself with...

The treatment of innovation within the merger context by U.S. Antitrust Agencies continues to evolve, with regard to both general statements of enforcement policy and specific enforcement decisions. The respective merger guidelines issued by the Department of Justice and the Federal Trade...