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The Voluntary Trade Council is a research center dedicated to antitrust and competition regulation. Working in the tradition of the Austrian School of economics, VTC offers free-market criticism of the Federal Trade Commission, the Department of Justice and other agencies that intervene to prevent the voluntary exchange of goods, services and ideas.

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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FTC v. Rambus
Oliva Asks Court to Reject Rambus Rehearing PDF Print E-mail
Written by VoluntaryTrade.org staff   
Friday, 13 June 2008 17:53

On June 12, 2008, S.M. Oliva, president of the Voluntary Trade Council, filed his second amicus brief with the U.S. Court of Appeals for the District of Columbia Circuit in Rambus Incorporated v. Federal Trade Commission. This brief addresses the FTC's Petition for Rehearing En Banc, which seeks to vacate the April 22, 2008, decision by a three-judge panel of the Court in favor of Rambus. Below is the text of Oliva's brief (with citations and footnotes omitted.)

Last Updated ( Friday, 13 June 2008 18:06 )
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D.C. Circuit Backs Rambus Over FTC PDF Print E-mail
Written by Administrator   
Sunday, 11 May 2008 16:10

On April 22, 2008, the U.S. Court of Appeals for the District of Columbia Circuit issued its opinion in Rambus Incorporated v. Federal Trade Commission. Rambus filed petitions for review from numerous FTC orders, which the D.C. Circuit upheld. Below is the unedited text of the court's opinion, authored by Senior Circuit Judge Stephen F. Williams:

Last Updated ( Sunday, 11 May 2008 17:56 )
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What Is the FTC's Rambus Exit Strategy? PDF Print E-mail
Written by Skip Oliva   
Tuesday, 22 April 2008 11:53

After spending six years and millions of taxpayer dollars, the Federal Trade Commission has nothing to show for its crusade against Rambus Inc., the California memory developer accused by the FTC of deception, monopolization, destruction of evidence and other crimes against politically-connected multi-national memory manufacturers. The April 22 opinion published by the U.S. Court of Appeals for the District of Columbia Circuit likely dealt the FTC's case a fatal blow. The court rejected the FTC's novel theory of antitrust liability and scoffed at the purported evidence of Rambus' wrongdoing. The FTC must now decide its exit strategy.

Last Updated ( Sunday, 11 May 2008 22:17 )
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Rambus appeals FTC decision to D.C. Circuit PDF Print E-mail
Written by VoluntaryTrade.org Staff   
Wednesday, 04 April 2007 00:00
Article Index
Rambus appeals FTC decision to D.C. Circuit
Rambus appeals
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Arlington, Virginia, April 4 – Rambus Inc. [NASDAQ:RMBS] today filed a petition for review with the U.S. Court of Appeals for the District of Columbia Circuit, a formal appeal of the Federal Trade Commission’s February 9 final order against the company. The petition asks the nation’s second-highest court to review the final order on remedies and the July 31, 2006, orders and opinion reversing Administrative Law Judge (ALJ) Stephen J. McGuire’s Initial Decision to dismiss the Commission’s complaint against Rambus.



Last Updated ( Wednesday, 27 February 2008 21:09 )
 
FTC partially stays Rambus order PDF Print E-mail
Written by VoluntaryTrade.org Staff   
Monday, 19 March 2007 00:00
Arlington, Virginia – The U.S. Federal Trade Commission today partially stayed its February 2 Final Order against Rambus Inc. [NASDAQ:RMBS], allowing the company to collect patent royalties in excess of the price controls imposed by the Commission’s order while Rambus appeals the FTC’s decision to a federal appellate court. Under the partial stay, royalties that exceed the FTC-determined maximums will be placed in an escrow account that Rambus will collect if its appeal prevails; if the Commission’s order is upheld, any amounts in escrow will be refunded to patent licensees. The FTC also clarified that its order was “forward-looking” and does not “require refunds, or [] prevent the collection of past due royalties.”
Last Updated ( Friday, 06 June 2008 16:01 )
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