Sherman Act Limitations on Noncommercial Concerted Refusals to Deal

Exclusive Dealing Implemented Through Refusals to Deal: The Refused Party

Accrediting and the Sherman Act.

On the Origins of the Sherman Antitrust Act

This year is the 100th anniversary of one of the most famous (or infamous depending on perspective) statutes in U.S. history: the Sherman Antitrust Act of 1890. This law banned business arrangements in restraint of trade (Section 1) and prohibited attempts to monopolize (Section 2). While much emphasis in this centennial year will be placed on the law’s application, the origin and intent of the...

IP-Related Refusals to Deal. Part 1: Updating the Intel-Intergraph Controversy

Considerable attention has focused on US District Court Judge Jackson’s preliminary fact findings about the Microsoft half of the Wintel monopoly. But the November 5, 1999, decision of the US Court of Appeals for the Federal Circuit, exonerating allegedly monopolistic conduct of the Intel half of Wintel-dom, has gone almost unremarked. This month’s Micro Law updates the July-August 1998 Micro L...

IP-Related Refusals to Deal-Part 2: Pretext and Misconduct as Standards

In the last issue of IEEE Micro (Jan.-Feb. 2000, pp. 9-12), Micro Law addressed the Kodak, Intel, and Xerox cases, largely from the vantage point of tactics. All of these cases involved a powerful manufacturer’s refusal to sell patented parts, or to license its intellectual property rights, to a rival. Kodak was unsuccessful in the San Francisco federal court of appeals and the US Supreme Court...