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Section 5 of the FTC Act and monopolization cases: A brief primer
In the past two weeks, Members of Congress from both parties have penned scathing letters to the FTC warning of the consequences (both to consumers and the agency itself) if the Commission sues Google not under traditional antitrust law, but instead by alleging unfair competition under Section 5 of the FTC Act. The FTC is rumored to be ... Section 5 of the FTC Act and monopolization cases: A brief primer
The market realities that undermine the antitrust case against Google
As the Google antitrust discussion heats up on its way toward some culmination at the FTC, I thought it would be helpful to address some of the major issues raised in the case by taking a look at what’s going on in the market(s) in which Google operates. To this end, I have penned a ... The market realities that undermine the antitrust case against Google
My latest article: A Signaling Theory of Law
Available here. Although not the first article to build on Orin Kerr’s brilliant paper, A Theory of Law (blog post here) (that honor belongs to Josh Blackman’s challenging and thought-provoking paper, My Own Theory of the Law) (blog post here), I think this is an important contribution to this burgeoning field. It’s still a working paper, though, ... My latest article: A Signaling Theory of Law
Dear DOJ: Take a Look at the Law Schools.
The U.S. Department of Justice sued eBay last week for agreeing not to poach employees from rival Intuit. According to the Department’s press release, “eBay’s agreement with Intuit hurt employees by lowering the salaries and benefits they might have received and deprived them of better job opportunities at the other company.” DOJ maintains that agreements among ... Dear DOJ: Take a Look at the Law Schools.
Podcast Panel: Software Patents – Boon or Bane for Technological Innovation?
http://www.fed-soc.org/publications/detail/boon-or-bane-for-technological-innovation-software-patents-podcast Although pure software patents are only a couple decades old, they have become the focus of a heated innovation policy debate. On the one hand, new technological innovation once imagined only as science fiction is now a commonplace feature of our lives — tablet computers, smart phones, wireless telecommunication, cloud computing, and streaming television, ... Podcast Panel: Software Patents – Boon or Bane for Technological Innovation?
The Case for Copyright
Mark Schultz, law professor and specialist in copyright law, has written an excellent response to the Republican Study Committee policy brief on copyright law that has been making the rounds on the Internet the past several days. Although the RSC promptly retracted the policy brief, the blogosphere has erupted in commentary on what appeared to ... The Case for Copyright
Forget remedies – FairSearch doesn’t even have a valid statement of harm in its Google antitrust criticism
After more than a year of complaining about Google and being met with responses from me (see also here, here, here, here, and here, among others) and many others that these complaints have yet to offer up a rigorous theory of antitrust injury — let alone any evidence — FairSearch yesterday offered up its preferred ... Forget remedies – FairSearch doesn’t even have a valid statement of harm in its Google antitrust criticism
How Many Patents Make a “Patent War”?
I have a guest blog posting up on Intellectual Ventures’ blog on why a patent war — or “patent thicket” in scholarly parlance — cannot be defined solely in terms of the number of patents involved in the legal and commercial conflict. Check it out at: http://www.intellectualventures.com/index.php/insights/archives/how-many-patents-make-a-patent-war As an aside, this issue is important because ... How Many Patents Make a “Patent War”?
ITC Patent Cases Dramatically Drop, or Another Patent Litigation Myth Bites the Dust
The claim that there is a “patent litigation explosion” is a myth, but there’s a related patent litigation myth that has proven cantankerously resilient in the patent policy debates — there’s an “explosion” of patent-owners racing to the International Trade Commission (ITC) who are obtaining exclusion orders against infringers. Well, this argument has crashed and ... ITC Patent Cases Dramatically Drop, or Another Patent Litigation Myth Bites the Dust
Who’s Flying The Plane?
It’s an appropriate question, both figuratively and literally. Today’s news headlines are now warning of a looming pilot shortage. A combination of new qualification standards for new pilots and a large percentage of pilots reaching the mandatory retirement age of 65 is creating the prospect of having too few pilots for the US airline industry. ... Who’s Flying The Plane?
Do Your Low-Wage Employees a Favor: Drop Their Health Care Coverage
Another day, another (presumably) unintended consequence of the Affordable Care Act. (I say presumably because there’s a plausible theory out there that the Act was engineered to fail and thereby pave the way for a single-payer health care system. I’m not cynical enough to embrace that view, though a close look at the Act reveals design flaws so ... Do Your Low-Wage Employees a Favor: Drop Their Health Care Coverage
Teleforum on Software Patents on Tuesday, Nov. 6, at 2pm
A nice way to take a break from Election Day stress about this fingernail-biting-close election is to listen to some panelists talk about something that is truly important — software patents! ๐ It a great panel, notwithstanding my participation, and it promises to be a lot of fun and informative. So, call in for the ... Teleforum on Software Patents on Tuesday, Nov. 6, at 2pm
