LAW 642 Lecture Notes - Lecture 29: Market Discipline, Social Capital, Kodak
30 May 2020
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Dominance: there is persuasive structural evidence of monopoly power, which corroborates telling direct evidence Structural: cerveja has consistently maintained greater than 70% market share for the past 20 years. Direct: in addition, cerveja explicitly relies on a known delay in price elasticity in order to impose their hoppy together regime with impunity to consumer backlash in the. According to the appendix, cerveja has not made a major investment in its beer production facilities since. Microsoft court to find market dominance: intellectual property: duty to license. Ip rights confer monopoly-like exclusivity for a period of time in order to spur innovation. To this end, ip rights and antitrust law are in accord. But to the extent ip rights threaten effective competition, the regimes conflict. Kodak asserted refusal to license its patents (no duty to deal) in a few of the parts in their product as a complete defense to anticompetitive conduct.
