Section 2 Symposium: David Evans–An Economist’s View
The treatment of unilateral conduct remains an intellectual and policy mess as we finish out the first decade of the 21st century. There were signs of hope a few years ago. The European Commission embarked on an effort to adopt an effects-based approach to unilateral conduct and to move away from the analytically-empty, object-based approach ... Section 2 Symposium: David Evans–An Economist’s View
Section 2 Symposium: Alden Abbott on the View from Within the FTC
Much ink has been spilled concerning the policy split revealed by the Justice Department’s September 2008 Report on Single Firm Conduct (“SFC”) and the Federal Trade Commission’s swift and rather critical rejoinder (issued by three of the four FTC Commissioners). (By “SFC” I refer to actions taken by a “dominant” firm or by an actual ... Section 2 Symposium: Alden Abbott on the View from Within the FTC
Section 2 Symposium: Dan Crane on Framing the Debate
I must confess that my basic reaction to the Section 2 report was disappointment. It’s not that I find much fault with the report itself–a few quibbles yes, but generally I find it quite satisfactory–but that after all of the time and effort put into the joint hearings by the FTC, the FTC wasn’t able ... Section 2 Symposium: Dan Crane on Framing the Debate
Section 2 Symposium: Michael Salinger on Framing the Debate
Given the embarrassing outcome of the FTC/DOJ single-firm conduct hearings, it is worth revisiting what the organizers of the hearings were attempting to accomplish. The Federal Register notice announcing the hearings provides some key insights. It read, in part: The Agencies expect to focus on legal doctrines and jurisprudence, economic research, and business and consumer ... Section 2 Symposium: Michael Salinger on Framing the Debate
Section 2 Symposium: Tad Lipsky on Framing the Debate
When the Justice Department issued its Unilateral Conduct Report last September, it became an instant sensation not primarily because of its content, but because of a strident public critique issued by three FTC Commissioners, including now-Chairman Leibowitz. The three (Harbour, Leibowitz and Rosch, hereinafter “HLR”) accused the Antitrust Division of placing “a thumb on the ... Section 2 Symposium: Tad Lipsky on Framing the Debate
Professor Carrier’s Response
First of all, I would like to express my deepest gratitude to Josh Wright. Only because of Josh’s creativity and tireless, flawless execution did this blog symposium come about and run so smoothly. I also would like to thank Dennis Crouch, who has generously cross-posted the symposium at PatentlyO. And I am grateful for the ... Professor Carrier’s Response
Kieff on Carrier’s Innovation in the 21st Century
I, too, join the rest of the participants in congratulating Michael Carrier on this great book about this great topic. I have enjoyed reading Michael’s work in the past and I enjoyed meeting him at a conference last year. He is a wonderfully warm, bright, and engaging person. Although I wish that I had more ... Kieff on Carrier’s Innovation in the 21st Century
Frischmann on Carrier’s Innovation in the 21st Century
I enjoyed reading Mike’s book very much. It provides an excellent primer on antitrust, IP, and innovation. He synthesizes the legal and economic foundations, contours, and controversies in an accessible fashion. I applaud him for doing this because frankly, it is tough to do given that the fields are quite technical and specialized. The book ... Frischmann on Carrier’s Innovation in the 21st Century
Crouch on Carrier’s Innovation in the 21st Century
I am enjoying Professor Carrier’s new book Innovation in the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law. I will focus my discussion here on patent issues discussed in Part III of the book. As other commentaries have noted the book is long on conclusions and proposals but somewhat short on justifications for ... Crouch on Carrier’s Innovation in the 21st Century
Wright on Carrier's Innovation in the 21st Century
First, I want to join the rest of the participants in congratulating Professor Carrier on an excellent and well-written book emerging out of a thoughtful and ambitious project. The project, and the book, are provocative, important contributions to the literature, and usefully synthesize many of the most important debates in both antitrust and intellectual property. ... Wright on Carrier's Innovation in the 21st Century
Manne on Carrier's Innovation in the 21st Century
Michael Carrier has written a timely and interesting book. Like Dan, I’m still digesting it (which means, in translation: I have not yet read every word). There is much to like about the book, in particular its accessible format and content. I do fear that it is a bit overly ambitious, however, hoping both to ... Manne on Carrier's Innovation in the 21st Century
Weiser on Carrier’s Innovation in the 21st Century
It is trite to say that “we are all Schumpeterians now.” When it comes to appreciating the importance of innovation and entrepreneurship, however, we are. Schumpeter, unfortunately, did not leave a theory of innovation that lends itself to easy application to public policy prescriptions, as Brad De Long has explained so clearly. By so clearly ... Weiser on Carrier’s Innovation in the 21st Century
