Show simple item record

Antitrust Immunity for Refusals to Deal in (Intellectual) Property Is a Slippery Slope

dc.contributor.authorMacKie-Mason, Jeffrey K.
dc.date.accessioned2007-04-10T19:58:32Z
dc.date.available2007-04-10T19:58:32Z
dc.date.issued2002-07
dc.identifier.citationThe Antitrust Source (July 2002). <http://hdl.handle.net/2027.42/50437>en
dc.identifier.urihttps://hdl.handle.net/2027.42/50437
dc.description.abstractThe Federal Circuit's decision in CSU v. Xerox1 has generated enormous controversy. However, there seems to be emerging agreement among both critics and supporters of the decision on a correct, narrow reading of the decision. Whatever else the decision stands for, it appears to declare antitrust immunity for unilateral refusals to sell or license patented or copyrighted intellectual property (IP). What was at stake in Xerox is whether a firm with a legitimate property right in the design of certain parts has the right to condition sale of those parts with terms that enable Xerox to obtain a monopoly in a different market, for service labor. More broadly, what is at stake is a safe harbor for conduct that previously has been found illegal. For, although much emphasis is placed on whether this was a unilateral refusal to deal (as opposed to a concerted agreement, which would not be exempt from Section 1 scrutiny), it is at least as important that this was a conditional refusal. As I show below, the meaningful distinction between this conditional refusal to deal and a conventional illegal tie is nil. Further, if an antitrust exemption is given to all conditional unilateral refusals to deal, this formalistic shield will be easily available in the future to firms that would otherwise be subject to antitrust liability for tying or other concerted agreements.en
dc.format.extent83326 bytes
dc.format.mimetypeapplication/pdf
dc.language.isoen_USen
dc.titleAntitrust Immunity for Refusals to Deal in (Intellectual) Property Is a Slippery Slopeen
dc.typeArticleen_US
dc.subject.hlbsecondlevelInformation and Library Science
dc.subject.hlbtoplevelSocial Sciences
dc.contributor.affiliationumInformation, School ofen
dc.contributor.affiliationumcampusAnn Arboren
dc.description.bitstreamurlhttp://deepblue.lib.umich.edu/bitstream/2027.42/50437/1/JMM Slippery Slope.pdfen_US
dc.owningcollnameInformation, School of (SI)


Files in this item

Show simple item record

Remediation of Harmful Language

The University of Michigan Library aims to describe library materials in a way that respects the people and communities who create, use, and are represented in our collections. Report harmful or offensive language in catalog records, finding aids, or elsewhere in our collections anonymously through our metadata feedback form. More information at Remediation of Harmful Language.

Accessibility

If you are unable to use this file in its current format, please select the Contact Us link and we can modify it to make it more accessible to you.