antitrust

Attorneys general from 12 states are suing to block the Paramount-Warner Bros deal they say violates antitrust law A last-ditch effort to block the merger between Paramount Skydance and Warner Bros Discovery (WBD) is heading to court as 12 Democratic state attorneys general attempt to stop the $111bn deal they say violates antitrust law and reduces competition in both the film and cable televisio…

Historically, courts, jurists, legislatures, and scholars have recognized that some businesses provide important services to society in sectors in which competition is unlikely to achieve the public interest. Policymakers adopted statutes that comprehensively regulated the market structure and operations of these businesses as public utilities, including, among other things, by determining entry …

Congress has adopted three different methods of enforcing the antitrust laws. Under the Sherman Act, enacted primarily as a criminal statute, the Attorney General was granted the authority to institute civil or criminal proceedings for violations of the antitrust laws. The Sherman Act provided a second method of enforcement, by authorizing private parties injured by violations of the antitrust la…

Aswin P S, National Law Institute University, Bhopal ABSTRACT The commercialisation of fifth-generation (‘5G’) wireless telecommunications infrastructure has concentrated intellectual property rights within a narrow class of patent holders, including structurally disruptive Non-Practicing Entities (‘NPEs’). As the global industry advances toward sixth-generation (‘6G’) networks, tensions between …

Google, which operates the world’s most popular search engine, recently defeated an antitrust claim brought by an online supplier of stock images in the case Dreamstime.com, LLC v. Google, LLC, decided on December 6, 2022, by the Ninth Circuit Court of Appeals. The Dreamstime Opinion helps illustrate some difficulties in defining the relevant market to allege anticompetitive injury to support an …

The competitive impacts of vertical mergers are a long-standing question in antitrust economics. A recent wave of vertical mergers has reinvigorated the academic and policy debate on enforcement, and the discussion is far from settled. An example of this is that US antitrust authorities presented new vertical merger guidelines in 2020, but the Federal Trade […] The post Effects of vertical merger…

William E. Kovacic·...·and Michael J. Meurer
6/27/2021

William E. Kovacic*, Robert C. Marshall**, and Michael J. Meurer*** Download a PDF version of this article here. Read JIPEL’s letter regarding data validation for this article here. Antitrust law has long been mindful of the danger that firms may misuse their patents to facilitate price fixing. Courts and commentators addressing this danger have assumed […]

Should a company be required to license its patents to a competitor?  That’s one question that arises when intellectual property law and antitrust law intersect. The Sherman Act, section 1, prohibits concerted action (agreements, combinations, or conspiracies) that restrain trade.  Four types of conduct are per se unlawful; i.e., illegal regardless of the reason.  They... Continue Reading