Microsoft-Yahoo!
 Alex Epstein, an analyst at the Ayn Rand Institute, has published an op-ed explaining why antitrust regulators should not get in the way of any potential combinations of Microsoft, Google and Yahoo! Esptein notes, "What we are observing in the battle over Yahoo! is not genuine, merit-based competition, but competition based on political pull." You can read Epstein's article, "Set Yahoo! Free," at this link.
PATENT HOLD UP
 Bruce Kobayashi and Joshua Wright of George Mason University recently posted an article examining "restraint when applying the antitrust laws to conduct that is normally regulated by state and other federal laws," specifcially the use of antitrust "to regulate the problem of patent hold up of members of standard setting organizations." You can download their paper at this link.
Mises.org
 S.M. Oliva, president of the Voluntary Trade Council, authored an article for the Ludwig von Mises Institute on Mark and Marianne Hershiser's landmark First Amendment lawsuit against the Federal Trade Commission. You can read the article, "Consumer Protection or Legal Extortion?" at this link.
IP & Antitrust
 Damien Geradin, a professor at Tilburg University and a partner at Howrey LLP, recently presented a paper entitled, "What's Wrong with Royalties in High Technology Industries?" which focuses on royalties paid by companies seeking to implement industry standards, such as those at issue in the FTC's case against Rambus. You can dowload the paper at this link.
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State AG & Private Plaintiffs
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Written by Skip Oliva
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Thursday, 19 June 2008 15:59 |
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This week the National Hockey League asked a federal judge for a declaratory judgment that could, theoretically, allow the league to “terminate” Madison Square Garden’s ownership of the New York Rangers. The move comes as part of the NHL’s response to an antitrust lawsuit brought by MSG last October over the 30-member league’s website policies. |
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Last Updated ( Thursday, 19 June 2008 22:12 )
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Tenth Circuit Upholds Gas-Grocery Discounts |
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Written by Skip Oliva
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Saturday, 07 June 2008 16:45 |
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A Colorado grocery store won't have to pay over $1.5 million to two competitors after the Tenth Circuit U.S. Court of Appeals held that a now-amended state law did not forbid offering customers a discount on gasoline if they purchased a qualifying amount of groceries. The court's decision affirmed the right of retailers to sell items "below cost" when bundled with other items. |
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Last Updated ( Sunday, 08 June 2008 10:51 )
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Eighth Circuit: Foreign MSG Claims Outside U.S. Reach |
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Written by VoluntaryTrade.org Staff
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Saturday, 10 February 2007 00:00 |
On February 8, the U.S. Court of Appeals for the Eighth Circuit, based in St. Louis, upheld a lower court’s dismissal of a class action complaint brought against several manufacturers of monosodium glutamate (MSG). The plaintiffs and defendants are based outside the United States, but the class action was predicated on the “anticompetitive effects” of foreign commerce on the United States. Following the Supreme Court’s lead, the trial judge and the Eighth Circuit rejected this argument.
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Last Updated ( Monday, 12 May 2008 21:37 )
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Eighth Circuit: Drug Import Ban Trumps Antitrust Claims |
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Written by VoluntaryTrade.org Staff
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Thursday, 30 November 2006 00:00 |
Arlington, Virginia—Today, the U.S. Court of Appeals for the Eighth Circuit in St. Louis affirmed a lower court’s decision to dismiss a class action lawsuit brought against several pharmaceutical companies. The lawsuit accused drug-makers of conspiring to prevent the plaintiff consumers from re-importing drugs from Canada to the United States. A U.S. District Judge in Minnesota dismissed the plaintiffs’ federal antitrust claims and declined to exercise jurisdiction over other state-law claims.
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Last Updated ( Monday, 12 May 2008 21:37 )
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Seventh Circuit: Sherman Act Permits Free Software |
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Written by VoluntaryTrade.org Staff
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Thursday, 09 November 2006 00:00 |
Arlington, Virginia--Today, the U.S. Court of Appeals for the Seventh Circuit in Chicago held that distributing “open source” software under the GNU General Public License (GPL) does not violate federal antitrust law. The Court ruled on an appeal brought by Daniel Wallace, an Indiana software developer who claimed that he could not compete in the operating system market because various companies—including Novell, Red Hat, and IBM—provided derivatives of the Linux operating system for free under the GPL. A trial court dismissed Wallace’s complaint this past March.
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Last Updated ( Monday, 12 May 2008 21:39 )
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Suggested Reading
Antitrust: The Case for Repeal
Dominick T. Armentano
2nd ed. 1999
Purchase from Mises.org ...................................... 
Markets Don't Fail!
Brian P. Simpson
2005
Purchase from Amazon
...................................... 
The Antitrust Religion
Edwin S. Rockefeller
2007
Purchase from Cato.org
Read the review ...................................... 
Winners, Losers & Microsoft
Liebowitz & Margolis
1999
Purchase from Independent Institute
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