Year: 2011
Type: article
Abstract: Claims alleging anticompetitive product design and redesign lie at the very core of one of antitrust law's most challenging dilemmas: the intersection between innovation and regulation, invention and intervention.For over three decades, courts and scholars have struggled to determine the proper analytical framework within which to address such cases.Meanwhile, the very industries in which challenged conduct occurs have been undergoing fundamental changes.As demonstrated by the ongoing and recent antitrust litigation involving hightechnology firms Apple, Intel, and Microsoft, distinctive features characterize most product markets in what has been called the "New Economy"-and what increasingly has become simply "the economy."Many of these features not only uniquely incentivize anticompetitive, design-related conduct but also render such conduct uniquely susceptible to antitrust scrutiny.Accordingly, this Article both supplies a proper understanding of code-based product markets and, perhaps more importantly, provides a structured, efficient, and rational method for analyzing design-related conduct in those markets.
Author: John Newman
Institution: University of Miami
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W2980880119