Off With Their Heads! The Fantasy Google Monopoly

Off With Their Heads! The Fantasy Google Monopoly

Google doesn’t act like a monopolist and shares none of the characteristics sheltering classic monopolists from competition. Its astounding success in Internet search is universally regarded as a consequence of better design, superior code, better products and plain old hard work. Like Lewis Carroll’s other queen, the Queen of Hearts, Google really has no power at all.

AT&T, T-Mobile & Behavioral Remedies

AT&T, T-Mobile & Behavioral Remedies

Although the AT&T/T-Mobile deal has both horizontal and vertical elements, most media and analyst discussion to date has focused on direct competition for wireless subscribers, the classic horizontal concentration question. Regardless of the result there, observers can expect behavioral injunctions, whether by DOJ consent decree or FCC “conditions” to approval, addressing the deal’s vertical factors.

Patent Wars and Blackmail in Silicon Valley

Patent Wars and Blackmail in Silicon Valley

With reality television all the rage, viewers may wonder why there’s been no reality series about the inbred high-tech ecosystem of Silicon Valley. There should be, because the reality of how our technology bastion really competes today — namely by patent litigation and acquisitions — is astonishing.

The Meaning Of the Clemens Mistrial

The Meaning Of the Clemens Mistrial

  Whatever one thinks of Roger Clemens’ veracity (let alone possible steroid use), the idea that his criminal trial ends without a verdict because the prosecutors blatantly disregarded the court’s instructions by showing the jury inadmissible evidence is just astounding. Brings to mind former Supreme Court Justice Benjamin Cardozo’s famous question from the 1920s — […]

Technology and the Supreme Court

Technology and the Supreme Court

It is rare that the justices of the Supreme Court of the United States actually write or speak about technology. But as connectivity and user-generated content become more ubiquitous and pervasive, sometimes the Court — despite its inherent judicial conservatism — just can’t avoid touching on issues related to the use, importance and legal status of modern communications technologies.