New Economics Papers
on Law and Economics
Issue of 2009‒06‒03
two papers chosen by
Jeong-Joon Lee, Towson University


  1. Competition Policy and Property Rights By John Vickers
  2. The BCS, Antitrust and Public Policy By Andrew Zimbalist

  1. By: John Vickers
    Abstract: One of the most controversial questions in current competition policy is when, if ever, should competition law require a firm with market power to share its property, notably intellectual property, with its rivals? And if supply is required, on what terms? These questions are discussed with reference to recent law cases including the EC Microsoft judgment of 2007 and the US linkLine case of 2009. The analysis focuses on whether competition law and regulation are complements or substitutes, and on incentives for investment and (sequential) innovation.
    Keywords: Property rights, refusal to supply, price squeeze, Intellectual property, Sequential innovation, Antitrust
    JEL: K21 L41 O31 O34
    Date: 2009
    URL: http://d.repec.org/n?u=RePEc:oxf:wpaper:436&r=law
  2. By: Andrew Zimbalist (Department of Economics, Smith College)
    Abstract: This paper examines the history and the economics of the Bowl Championship Series, in the context of all college bowl games. The evidence suggests that the BCS restricts entry to the FBS conferences that are outside the BCS cartel and that the revenue distribution from the bowl games is highly skewed in favor of the six BCS conferences. The resulting revenue advantage enables the BCS conferences to perpetuate their historical predominance. The BCS selection process is based on a conceptually confused and biased system. The paper discusses the rationale proffered by the BCS for its system and then considers the antitrust arguments against the BCS. It concludes that the outcome of any antitrust claim would be uncertain, which together with the involved expense and time render problematic any antitrust strategy to break up the BCS cartel. Instead, the paper concludes with a call for a legislative solution that would open up the national championship to all FBS conferences, increase output, redistribute revenues more evenly throughout Division I and the rest of the NCAA, and provide more opportunities to college athletes.
    JEL: K21 L11 L12 L44 L83
    URL: http://d.repec.org/n?u=RePEc:smt:wpaper:2009-01&r=law

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