The Law and Economics of Patent Damages, Antitrust, and Legal Process

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THE LAW AND ECONOMICS OF PATENT DAMAGES, ANTITRUST, AND LEGAL PROCESS
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THE LAW AND ECONOMICS OF PATENT DAMAGES, ANTITRUST, AND LEGAL PROCESS
Copyright
CONTENTS
LIST OF TABLES
LIST OF FIGURES
LIST OF CONTRIBUTORS
ACKNOWLEDGMENTS
The Law and Economics of Patent Damages, Antitrust, and the Legal Process
	Abstract
	Notes
	References
Resolving Bargaining Range Indeterminacy in Patent Damages After VirnetX
	Abstract
	1. Introduction
	2. Virnetx and the Nash Bargaining Solution
	3. Defining the Bargaining Range
	4. Rubinstein Bargaining Model
		4.1 Overview of the RBM
		4.2 Establishing the Predicates of the RBM
	5. Use of the RBM in Patent Litigation
	6. Conclusion
	Notes
	References
	Cases
Critical Loss Analysis with Differentiated Products
	Abstract
	1 Introduction
	2 Analysis of Profitability of a Common Price Increase Under Differentiated Products
	3 The Standard Critical Loss Analysis with the Differentiated Products Under the Representative Product Approach
	4 The Divergence of the Standard Critical Loss Analysis from the Differentiated Products Critical Loss Analysis
	5 Markets Defined Using Standard Critical Loss Will Tend to Define a Narrower Market than Differentiated Products Critical Loss
	6 Comparing the Standard Critical Loss Analysis and the Differentiated Products Critical Loss Analysis Using Simulations
	7 The Divergence of the Standard Critical Loss Analysis from the Differentiated Products Critical Loss Analysis Is Likely t ...
	8 Alternative Market Definition Analyses When Products Are Differentiated
	Notes
	References
	Cases
Vertical Integration, Market Consolidation, and Economic Welfare
	Abstract
	1. Introduction
	2. Notation and Definitions
	3. The Model
		3.1 Duty to Deal
		3.2 Two-Product Monopolist
		3.3 Market Structure Comparison
		3.4 Tradeoffs between Eliminating Double Marginalization and Reducing Competition
	4. Policy Implications and Conclusion
	Acknowledgments
	Notes
	References
Labor Litigation and Firm Performance
	Abstract
	1. Introduction
	2. Labor Litigation and Firm Performance
		2.1 French Labor Litigation Landscape
		2.2 Hypotheses
			2.2.1 Financial Compensation Request
			2.2.2 Dismissal as a Litigation Cause
			2.2.3 Trial versus Conciliation
	3. Data and Variables
	4. Estimations
		4.1 Financial Relevance of Labor Litigations
		4.2 Robustness Checks
	5. Limitations and Discussion
	Notes
	References
Regulating the Uncontrollable: The Development of Card Scheme Fees in Payments Markets in Light of Recent Policy Intervention
	Abstract
	1. Introduction
	2. Economics of Card Payment Networks
	3. Antitrust in Card Payment Networks
	4. Data and Methodology
	5. Results
	6. Discussion
	7. Conclusions
	Acknowledgments
	Notes
	References
Criminal Law and the Challenges of Autonomous Intelligence: Substituting a Theory of Guilt with the Division of Labor
	Abstract
	1. Introduction
	2. Criminal Liability of Autonomous Machines as a Concept?
	3. AI and Criminal Offenses: Potential Areas of Threat
		3.1 Liability for War Crimes Committed by Autonomous Weapons
		3.2 Liability for Traffic Accidents Caused by Autonomous Vehicles
	4. The Division of Labor Theory as a Solution
	5. Conclusion
	Notes
	References
Two-sided Social Media and Bad Faith Political Speech
	Abstract
	1. Introduction
	2. Truth-seeking and Fake News
		2.1 Polarization between Bona Fide Political Participants
		2.2 The Problem with Measuring the Subjective Value of Truth Exposure
	3. Identifying Bad Faith Political Speakers
		3.1 Discursive Conflict
		3.2 Two-sided Content Production
	4. Conclusion
	Notes
	References
INDEX