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Legal doctrines vary in the extent to which they apply either detailed, categorical rules or broad, open-ended standards that allow for case-specific adjudication. Antitrust law is generally thought of as inhabiting the standards end of this spectrum. In fact, however, despite the generality of the enabling statutes antitrust law is rife with categorical distinctions. In this Article, we explore not only the well-known distinction between conduct that is per se illegal and conduct judged under the rule of reason, but also a number of categorical distinctions the courts draw, either to help delineate the scope of the per se rule or to create distinctions within the scope of the rule of reason itself. By and large these rules don't come from the antitrust statutes. They are created by co...
... of hundreds of patents relating to radio technology was lawful because licensees wanted the... "[t]he per se rule is never applied automatically when the concerted refusal to deal is vertical, ra...
...S. 464 , 465 (1962); Automatic Radio Mfg. Co. v. Hazeltine Research, Inc., 339...
...- licensee estoppel doctrine applied in Automatic Radio Mfg. Co. v. Hazaltine Research, Inc., 339 U....
... are a form of price fixing subject to automatic condemnation under the Sherman Act, rather than to... filed a brief for the All-Industry Radio Music License Committee as amicus curiae. . Page 4...
Introduction - II. Historical development of misuse doctrine - III. Current approaches to misuse - A. Misuse defined by substantive antitrust principles - 1. Apparent Dominance of the Antitrust Model of Misuse - 2. Critique of the Antitrust Model - B. Misuse as an attempt to obtain rights "beyond the scope" of a statutory ip right - IV. Toward coherence in misuse doctrine: misuse as foreclosure of competition, innovation, or the public domain - A. Tying and quasi-tying claims - 1. Tying as an Antitrust Violation and the Leverage Theory of Tying - 2. Tying as Foreclosure of Competition - 3. Tying as Foreclosure of Innovation or Access to the Public Domain - 4. Package or Blanket Licensing of Patents and Copyrights - B. Licenses restricting the use or development of new technologies or...
...1991)); see also. Automatic Radio Mfg. Co. v. Hazeltine Research, Inc., 339 U....
...Arecibo Radio Corp. v. Com. of P.R., 825 F.2d 589, 592 (1st Cir....automatically result in irreparable harm. Also...
... contrary to those facts, see In Re Automatic Radio Mfg. Co., 404 F.2d 1391, 56 CCPA 817, 160 US...
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