William E. Kovacic
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View article: The Future Adaptation of the Per Se Rule of Illegality in U.S. Antitrust Law
The Future Adaptation of the Per Se Rule of Illegality in U.S. Antitrust Law Open
Judicial interpretation of § 1 of the Sherman Act has categorically forbidden certain forms of behavior. The characterization of conduct as “illegal per se” has powerful consequences in the government’s prosecution of civil and criminal ca…
View article: Understanding the House Judiciary Committee Majority Staff Antitrust Report
Understanding the House Judiciary Committee Majority Staff Antitrust Report Open
The US antitrust system is undergoing a profound reassessment. Many events and commentaries have inspired this upheaval. Among the most important is an inquiry conducted over the past two years by the House Judiciary Antitrust Subcommittee…
View article: Patents and Price Fixing by Serial Colluders
Patents and Price Fixing by Serial Colluders Open
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 that patent-facilitated price fixing occurs in a single market. I…
View article: COMPETITION POLICY RETROSPECTIVE: THE FORMATION OF THE UNITED LAUNCH ALLIANCE AND THE ASCENT OF SPACEX
COMPETITION POLICY RETROSPECTIVE: THE FORMATION OF THE UNITED LAUNCH ALLIANCE AND THE ASCENT OF SPACEX Open
In May 2005, Boeing and Lockheed Martin announced plans to form the United Launch Alliance, a joint venture which combined the only two suppliers of medium-to-heavy national security related launch services to the U.S. government. The Fede…
View article: Antitrust’s Implementation Blind Side: Challenges to Major Expansion of U.S. Competition Policy
Antitrust’s Implementation Blind Side: Challenges to Major Expansion of U.S. Competition Policy Open
For several years, a number of commentators have expressed concern that the U.S. has a growing market power problem. Further that dysfunction in the U.S. antitrust institutions, and their failure to protect competition, has damaged the eco…
View article: Antitrust's Implementation Blind Side: Challenges to Major Expansion of U.S. Competition Policy
Antitrust's Implementation Blind Side: Challenges to Major Expansion of U.S. Competition Policy Open
For several years, a number of commentators have expressed concern that the U.S. has a growing market power problem. Further that dysfunction in the U.S. antitrust institutions, and their failure to protect competition, has damaged the eco…
View article: Competition Policy and the Global Economy: Current Developments and Issues for Reflection
Competition Policy and the Global Economy: Current Developments and Issues for Reflection Open
Competition policy, today, is an essential element of the legal and institutional framework for the global economy. Increasingly, major issues of com- petition law enforcement and policy implicate the interests of multiple jurisdictions. T…
View article: The Intellectual DNA of Modern U.S. Competition Law for Dominant Firm Conduct: The Chicago/Harvard Double Helix
The Intellectual DNA of Modern U.S. Competition Law for Dominant Firm Conduct: The Chicago/Harvard Double Helix Open
This Article seeks to improve upon the Chicago-centric interpretation of the foundations of modern U.S. competition law and its emphasis upon the intellectual contest between Chicago and Post-Chicago perspectives. A more accurate view of t…
View article: "Competition Policy in Its Broadest Sense": Michael Pertschuk's Chairmanship of the Federal Trade Commission 1977-1981
"Competition Policy in Its Broadest Sense": Michael Pertschuk's Chairmanship of the Federal Trade Commission 1977-1981 Open
In the late 1960s and through the 1970s, the Federal Trade Commission (FTC) undertook an ambitious program of reforms. Among other measures, the agency expanded the focus of antitrust enforcement to address economic concentration, includin…
View article: Fighting Supplier Collusion in Public Procurement: Some Proposals for Strengthening Competition Law Enforcement
Fighting Supplier Collusion in Public Procurement: Some Proposals for Strengthening Competition Law Enforcement Open
Governments around the world spend an estimated $9.5 trillion of public money purchasing goods and services each year (public procurement). Not only does this represent a significant proportion of government expenditure (29.1 percent on av…
View article: Competition policy, trade and the global economy: Existing WTO elements, commitments in regional trade agreements, current challenges and issues for reflection
Competition policy, trade and the global economy: Existing WTO elements, commitments in regional trade agreements, current challenges and issues for reflection Open
Competition policy, today, is an essential element of the legal and institutional framework for the global economy. Whereas decades ago, anti-competitive practices tended to be viewed mainly as a domestic phenomenon, most facets of competi…
View article: Serial collusion by multi-product firms
Serial collusion by multi-product firms Open
We provide empirical evidence that many multi-product firms have each participated in several cartels over the past 50 years. Standard analysis of cartel conduct, as well as enforcement policy, is rooted in the presumption that each cartel…
View article: Serial Collusion by Multi-Product Firms
Serial Collusion by Multi-Product Firms Open
We provide empirical evidence that many multi-product firms have each participated in several cartels over the past 50 years. Standard analysis of cartel conduct, as well as enforcement policy, is rooted in the presumption that each cartel…
View article: Risky Business: Should the FDA Pay Attention to Drug Prices?
Risky Business: Should the FDA Pay Attention to Drug Prices? Open
The Food and Drug Administration currently does not monitor drug prices. As FDA leaders note, the agency’s responsibility is for drug safety and efficacy, and besides they do not want to become embroiled in drug pricing controversies. Howe…
View article: The Application of Competition Policy Vis-À-Vis Intellectual Property Rights
The Application of Competition Policy Vis-À-Vis Intellectual Property Rights Open
This paper examines the evolution of national competition (antitrust) policies and enforcement approaches vis-à-vis intellectual property rights (IPRs) and associated anti-competitive practices in major jurisdictions over the past several …
View article: Identifying Anticompetitive Agreements in the United States and the European Union
Identifying Anticompetitive Agreements in the United States and the European Union Open
Commentary in both the U.S. and the European Union (EU) has repeatedly debated whether, and when, it is more efficient to use “rules” or “standards” to determine the legality of conduct subject to the antitrust laws and how such rules or s…