Take Two: Stare Decisis in Antitrust - The Per Se Rule Against Horizontal Price-Fixing

Stare Decisis and the Rule of Law: A Layered Approach

Why Stare Decisis?∗

All Courts rule ex-post, after most economic decisions are sunk. This can generate a time-inconsistency problem. From an ex-ante perspective, Courts will have the ex-post temptation to be excessively lenient. This observation is at the root of the rule of precedent, known as stare decisis. Stare decisis forces Courts to weigh the benefits of leniency towards the current parties against the bene...

The Rule of Reason and the Per Se Concept: Price Fixing and Market Division

An Ecomomic Perspective on Stare Decisis

Antitrust Scrutiny of Price-Fixing Clauses in Patent Licenses

Patent licenses are frequently subjected to antitrust scrutiny, especially when they contain restrictions beyond simple fixed fees and royalties. Clauses that fix the price at which a product is sold have proven contentious, upheld by the courts in some circumstances and rejected in others. No agreement has yet emerged on how to reconcile court decisions and economic rationale. We study the eff...