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Showing archive for:  “Supreme Court”

Global Antitrust Institute Comments on Chinese Draft Antitrust Guidelines Regarding Disgorgement and Fines Have Broader Implications for Sound Antitrust Enforcement Policy

The Global Antitrust Institute (GAI) at George Mason University Law School (officially the “Antonin Scalia Law School at George Mason University” as of July 1st) is doing an outstanding job at providing sound law and economics-centered advice to foreign governments regarding their proposed antitrust laws and guidelines. The GAI’s latest inspired filing, released on July ... Global Antitrust Institute Comments on Chinese Draft Antitrust Guidelines Regarding Disgorgement and Fines Have Broader Implications for Sound Antitrust Enforcement Policy

CPIP Conference on Oct. 6-7, 2016: “Intellectual Property and Global Prosperity”

Please Join Us For A Conference On Intellectual Property Law INTELLECTUAL PROPERTY & GLOBAL PROSPERITY Keynote Speaker: Dean Kamen October 6-7, 2016 Antonin Scalia Law School George Mason University Arlington, Virginia CLICK HERE TO REGISTER NOW **9 Hours CLE**

Will the Supreme Court’s Halo Electronics Decision Have a Desirable Halo Effect, Reducing Incentives to Infringe Patents?

The U.S. Supreme Court’s unanimous June 13 decision (per Chief Justice John Roberts) in Halo Electronics v. Pulse Electronics, overturning the Federal Circuit’s convoluted Seagate test for enhanced damages, is good news for patent holders.  By reducing the incentives for intentional patent infringement (due to the near impossibility of obtaining punitive damages relief under Seagate), ... Will the Supreme Court’s Halo Electronics Decision Have a Desirable Halo Effect, Reducing Incentives to Infringe Patents?

George Mason University School of Law to be Renamed “Antonin Scalia School of Law at George Mason University”

I am sharing the press release below: George Mason University receives $30 million in gifts, renames School of Law after Justice Antonin Scalia Largest combined gift in university’s history will support new scholarship programs Arlington, VA— George Mason University today announces pledges totaling $30 million to the George Mason University Foundation to support the School ... George Mason University School of Law to be Renamed “Antonin Scalia School of Law at George Mason University”

Justice Scalia, Monopolization, and Economic Efficiency

The late Justice Antonin Scalia’s magisterial contributions to American jurisprudence will be the source of numerous learned analyses over the coming months.  As in so many other doctrinal areas, Justice Scalia’s opinions contributed importantly to the sound development of antitrust law, and, in particular, to the assessment of monopolization.  His oft-cited 2004 opinion for the ... Justice Scalia, Monopolization, and Economic Efficiency

Kolasky (2) on the Apple e-books case: Coordination, even horizontal coordination, isn’t per se illegal

Jon Jacobson in his initial posting claims that it would be “hard to find an easier case” than Apple e-Books, and David Balto and Chris Sagers seem to agree. I suppose that would be true if, as Richard Epstein claims, “the general view is that horizontal arrangements are per se unlawful.” That, however, is not ... Kolasky (2) on the Apple e-books case: Coordination, even horizontal coordination, isn’t per se illegal

Reed on the Apple e-books case: “We can remember it for you wholesale” – why the model matters in Apple e-books

In Philip K. Dick’s famous short story that inspired the Total Recall movies, a company called REKAL could implant “extra-factual memories” into the minds of anyone. That technology may be fictional, but the Apple eBooks case suggests that the ability to insert extra-factual memories into the courts already exists. The Department of Justice, the Second ... Reed on the Apple e-books case: “We can remember it for you wholesale” – why the model matters in Apple e-books

Hazlett on the Apple e-books case: The Apple case is a throwback to Dr. Miles, and that’s not a good thing

The Apple e-books case is throwback to Dr. Miles, the 1911 Supreme Court decision that managed to misinterpret the economics of competition and so thwart productive activity for over a century. The active debate here at TOTM reveals why. The District Court and Second Circuit have employed a per se rule to find that the ... Hazlett on the Apple e-books case: The Apple case is a throwback to Dr. Miles, and that’s not a good thing

Sagers on the Apple e-books case: Why does everybody hate competition so much?

United States v. Apple has fascinated me continually ever since the instantly-sensational complaint was made public, more than three years ago. Just one small, recent manifestation of the larger theme that makes it so interesting is the improbable range of folks who apparently consider certiorari rather likely—not least some commenters here, and even SCOTUSblog, which ... Sagers on the Apple e-books case: Why does everybody hate competition so much?

Balto on the Apple e-books case: Skip the (Apple) appetizer and get to the (McWane) main course

The “magic” of Washington can only go so far. Whether it is political consultants trying to create controversy where there is basic consensus, such as in parts of the political campaign, or the earnest effort to create a controversy over the Apple decision, there may be lots of words exchanged and animated discussion by political ... Balto on the Apple e-books case: Skip the (Apple) appetizer and get to the (McWane) main course

Hylton on the Apple e-books case: The central importance of the Court’s under-appreciated Business Electronics case

For a few months I have thought that the Apple eBooks case would find an easy fit within the Supreme Court’s antitrust decisions. The case that seems closest to me is Business Electronics v. Sharp Electronics, an unfortunately under-appreciated piece of antitrust precedent. One sign of its under-appreciation is its absence in some recent editions ... Hylton on the Apple e-books case: The central importance of the Court’s under-appreciated Business Electronics case

Albanese on the Apple e-books case: Apple’s Anticlimactic Appeal

In October of last year, I had the chance to interview Hachette CEO Arnaud Nourry from the stage at the Frankfurt Book Fair, and I asked him whether his 2009 concerns that low e-book prices would devalue the book—the driving factor behind the alleged e-book price-fixing conspiracy—were in the the past. After all, much has changed ... Albanese on the Apple e-books case: Apple’s Anticlimactic Appeal