"Markets run on information. Buyers make decisions by relying on their knowledge of the products available, and sellers decide what to produce based on their understanding of what buyers want. But the distribution of market information has changed, as consumers increasingly turn to sources that...

Patents and copyrights protect inventions and expression; they do not protect products. This distinction, I argue in this essay, is a key to the antitrust problem of the "leveraging" of intellectual property. In a typical leveraging case, the manufacturer of a durable good, like a copier or...

Much recent scholarship focuses on the problems posed by uncertainty regarding intellectual property rights. In patent law, this uncertainty relates primarily to the scope and validity of patents, which plays an important role in litigation decisions. With assessment of the likelihood of...

Markets run on information. Buyers make decisions by relying on information about the products available, and sellers decide what to produce based on information about what buyers want. But the ways in which this market information is acquired has changed, as consumers increasingly turn to...

The U.S. Department of Justice's pursuit of the participants in the LIBOR conspiracy almost exclusively through fraud claims stands in dramatic contrast with the European Commission's use of antitrust law to impose fines on the same parties for the same conduct. This short note describes the...

These materials, which originally appeared on the Patently-O blog, address the back-and-forth between Makan Delrahim, the Assistant Attorney General for the Antitrust Division of the Department of Justice, and attorneys both objecting to and supporting his views on standard-essential patents...

In a 2007 memorandum, Raymond McDaniel, the Chairman and CEO of Moody's Corp., suggested that competition among credit-rating agencies does not promote ratings quality but may in fact penalize it. The basic claim here — that there are fundamental problems with competition in the credit-rating...

Justice John Paul Stevens practiced antitrust law before his appointment to the Supreme Court of the United States. He also taught antitrust and served on commissions studying the antitrust laws. He therefore had experience in both the practicalities and the problems of antitrust law. This...

This article proposes a new antitrust analysis for sellers' practices seeking to increase demand for their products. These demand-increasing practices can be broadly divided into two categories (which nevertheless overlap): coercive ones, like tying, and deceptive ones, like manipulating product...