Competition Law, Innovation and Antitrust: An Analysis of Tying and Technological Integration (Google eBook)
. . . a must-read for anyone wanting to study tying in more detail. . . the book offers a very thorough analysis of tying, together with some recommended improvements to the way in which tying is currently assessed under the EU and the US antitrust rules. Common Market Law Review Schmidt s Competition Law, Innovation and Antitrust is a superb introduction to the subject of tying arrangements and other bundled sales in high technology markets, principally as they are treated under US antitrust law and EU competition law. Schmidt thoroughly assesses the economics of such arrangements, the benefits they confer and the potential harms they impose, and then gives a positive introduction to the law. This is a comprehensive treatment of its subject and an indispensible aid to the competition law scholar or practitioner. Herbert Hovenkamp, University of Iowa, College of Law, US This innovative book assesses the hotly debated topic of tying from three different perspectives: competition law, economics and intellectual property rights. It highlights the faults and benefits of the current approaches to tying under EC competition law and US antitrust law. In the light of modern economic thinking, the recent review of Article 82 EC, and Sherman Act, Section 2, the author identifies a more economic approach to tying that moves away from the per se illegality label that has so far impinged on tying case law. Hedvig Schmidt recognizes the significance that tying can play on innovation and product development, and thus suggests a new approach which carves out a safe haven for technological integrated products to ensure continuous stimulation of innovation. With comparative assessments and investigations, this book is a must-read for academics specializing in competition law and theory, as well as practitioners and policy-makers of competition law and intellectual property.
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abuse Ahlborn analysis anti-competitive effects antitrust law applied approach to tying argued Article 82 Guidance assessment Chapter CMLR Commission’s competition authorities component consumer demand test consumer harm test contractual tying Court of Appeals create dominant company Eastman Kodak EC competition law EC Courts EC Microsoft Commission efficiencies Evans and Padilla exclusionary foreclosure Guidelines Hovenkamp Ibid identified illegal illegal per se Illinois Tool innovation Intellectual Property International Salt IP law IP rights Janis and Lemley Jefferson Parish Jerrold Electronics Kühn leveraging market definition market share cap media player Microsoft Commission Decision Microsoft Corp monopoly Nalebuff Northern Pacific Railway O’Donoghue and Padilla objective justifications operating system Oscar Bronner paras patent misuse patent misuse doctrine price discrimination prod relevant market requirement rule of reason Section 2 Report standard of proof supra supra n Supreme Court technological integration Tetra Pak tied product market TTBER tying arrangements Windows