Competition law
Basic concepts
History of competition law Monopolization Coercive monopoly Natural monopoly Barriers to entry Market power SSNIP test Relevant market Merger control
Anti-competitive practices
Collusion Formation of cartels Price fixing Product bundling and tying Refusal to deal Group boycott Exclusive dealing Bid rigging Dividing territories Conscious parallelism Predatory pricing Misuse of patents and copyrights
Laws and doctrines
United States Sherman Antitrust Act Clayton Antitrust Act Robinson-Patman Act Federal Trade Commission Act Merger guidelines Essential facilities doctrine Noerr-Pennington doctrine Rule of reason Europe European Community competition law Irish Competition Law Competition Act 1998 (U. Competition law history refers to attempts by governments to regulate Competitive markets for goods and services leading up to the modern competition or Antitrust The term "monopolization" refers to an offense under Section 2 of the American Sherman Antitrust Act, passed in 1890 In Economics and Business ethics, a coercive monopoly is a business concern that prohibits competitors from entering the field with the natural result being that Natural monopoly is a term used in Economics to refer to two different things In Economics and especially in the theory of Competition, barriers to entry are obstacles in the path of a firm which wants to enter a given Market In Economics, market power is the ability of a firm to alter the Market price of a good or service In Competition law, before deciding whether companies have significant Market power which would justify government intervention the test of Small but Significant and Non-transitory In Competition law the Relevant market defines the market in which one or more goods compete Merger control refers to the procedure of reviewing Mergers and acquisitions under Antitrust / competition law Anti-competitive practices are Business or Government practices that prevent and/or reduce Competition in a Market (see Restraint of trade Collusion is an agreement usually secretive which occurs between two or more persons to deceive mislead or defraud others of their legal rights or to obtain an objective forbidden A cartel is a formal (explicit agreement among firms Cartels usually occur in an oligopolistic industry, where there is a small number of sellers and usually involve Price fixing is an agreement between business competitors to sell the same product or service at the same price Product bundling is a Marketing strategy that involves offering several products for sale as one combined product Tying is the practice of making the sale of one good (the tying good to the De facto or De jure customer conditional on the purchase of a second distinctive Refusal to deal is one of several Anti-competitive practices forbidden in countries which have Free market economies In Competition law, a group boycott is a type of Secondary boycott in which two or more competitors in a Relevant market refuse to conduct business Exclusive dealing refers to when a retailer or wholesaler is ‘tied’ to purchase from a supplier on the understanding that no other distributor will be appointed or receive supplies Bid rigging is an illegal agreement between two or more competitors Dividing territories (also Market division) is an agreement by two companies to stay out of each other's way and reduce competition in the agreed-upon territories Conscious parallelism is a term used in Competition law to describe Price-fixing between competitors in an Oligopoly that occurs without an actual spoken Predatory pricing (also known as destroyer pricing) is the practice of a firm selling a product at very low price with the intent of driving competitors out of the Market In United States patent law, patent misuse is an Affirmative defense used in patent litigation when a Defendant has been accused to have United States antitrust law is the body of Laws that prohibits anti-competitive behavior (monopoly and Unfair business practices. The Sherman Antitrust Act ( Sherman Act, July 2, 1890, ch 647,) was the first United States Federal statute to limit Cartels and The Clayton Antitrust Act of 1914 ( October 15[[ 914]] ch 323, codified at,) was enacted in the United States to add further substance to the U The Robinson-Patman Act of 1936 (or Anti-Justice League Discrimination Act,) is a United States federal law that prohibits what were considered at the time of passage The Federal Trade Commission Act of 1914 (15 USC §§ 41-58 as amended) established the Federal Trade Commission (FTC a Bipartisan body of five members The Merger guidelines are a set of internal rules promulgated by the Antitrust Division of the United States Department of Justice (USDOJ in conjunction with the The essential facilities doctrine (sometimes also referred to as the essential facility doctrine) is a Legal doctrine which describes a particular type of claim of The Noerr-Pennington doctrine is a doctrine of United States Antitrust law set forth by the United States Supreme Court in a pair of cases which The rule of reason is a doctrine developed by the United States Supreme Court in its interpretation of the Sherman Antitrust Act. European Community competition law is one of the areas of authority of the European Union. Irish Competition Law is the Irish body of legal rules designed to ensure fairness and freedom in the Marketplace. The Competition Act 1998 is the current major source of competition policy in the UK along with Enterprise Act 2002. K. ) Australia Trade Practices Act 1974
Enforcement authorities and organizations
International Competition Network List of competition regulators
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Copyright misuse is an equitable defense against copyright infringement in the United States based on the unreasonable conduct of the copyright owner. The Trade Practices Act 1974 is an act of the Parliament of Australia. The International Competition Network is an informal virtual network that seeks to facilitate cooperation between Competition law authorities globally A competition regulator is a Government agency, typically a statutory authority, sometimes called an economic regulator, which regulates and enforces Equity is the name given to the set of legal principles in jurisdictions following the English common law tradition which supplement strict rules of law where An affirmative defense is a category of defense used in Litigation between private parties in Common law Jurisdictions, or more familiarly Copyright is a legal concept enacted by Governments, giving the creator of an original work of authorship Exclusive rights to control its distribution usually for 'Copyright infringement' (or copyright violation) is the unauthorized use of material that is covered by Copyright law in a manner that violates The United States of America —commonly referred to as the

The doctrine forbids the copyright owner from attempting to secure an exclusive right or limited monopoly (usually through restrictive licensing practices) that is not granted by federal copyright law and is contrary to public policy. In Anglo-Saxon law, an exclusive right is a de facto non-tangible Prerogative existing in law (that is the power or in a wider sense Right The verb license or grant license means to give permission The noun license is the document demonstrating that permission Finding that a copyright owner has engaged in misuse prevents the owner from enforcing his copyright through the securing of an injunction until he has "purged" himself of the misuse — i. An injunction is an Equitable remedy in the form of a Court order, whereby a party is required to do or interact with in certain ways all right or to refrain from e. , ceased the restrictive practices.

Copyright misuse is not a defense recognized in the provisions of the federal Copyright Act but is instead purely founded in federal case law, beginning with a case in the Minnesota Federal District Court, M. History and purpose Before the 1976 Act the last major revision to statutory copyright law in the United States occurred in 1909 Case law' (also known as decisional law or judicial precedent) is that body of reported Judicial opinions in countries that have Common law The United States District Court for the District of Minnesota is the Federal district court whose jurisdiction is the state of Minnesota. Witmark & Sons v. Jensen, 80 F. Supp. 843 (D. The Federal Supplement is a Case law reporter published by West Publishing in the United States that includes select opinions Minn. 1948). The doctrine later met with approval from the Fourth Circuit in Lasercomb v. Legal doctrine is a framework set of rules procedural steps or test often established through Precedent in the Common law, through which judgments can be determined The United States Court of Appeals for the Fourth Circuit is a federal court located in Richmond Virginia with Appellate jurisdiction over the Reynolds, 911 F.2d 970 (4th Cir. 1990). The Federal Reporter is a Case law reporter in the United States that is published by West Publishing. The United States Court of Appeals for the Fourth Circuit is a federal court located in Richmond Virginia with Appellate jurisdiction over the Other leading cases in the area include Video Pipeline, Inc. v. Buena Vista Home Entertainment, 342 F.3d 191 (3d Cir. 2003), Assessment Technologies v. The Federal Reporter is a Case law reporter in the United States that is published by West Publishing. The United States Court of Appeals for the Third Circuit is a federal court with Appellate jurisdiction over the district courts for the following WIREdata, 350 F. 3d 640 (7th Cir. 2003), and Int'l Motor Contest Assoc. The United States Court of Appeals for the Seventh Circuit is a federal court with Appellate jurisdiction over the courts in the following districts Inc. v. Staley, No. 05-3080, N.D. Iowa June 19, 2006. The United States District Court for the Northern District of Iowa has jurisdiction over fifty-two of Iowa 's ninety-nine counties ^[1]

Copyright misuse is derived from the longstanding equitable doctrine of "unclean hands", which bars a party from asking for equitable relief (such as an injunction) against another when they have themselves acted improperly (though not necessarily illegally). Unclean hands, sometimes clean hands doctrine or dirty hands doctrine is an equitable defense in which the Defendant argues that the Plaintiff Improper behaviour that may lead to a finding of copyright misuse includes (but is not limited to) anti-competitive activity.

See also

• Copyfraud
• Kai Puolamäki, activist against copyright misuse in Finland

Notes

1. ^ A summary of the decision in Int'l Motor Contest Assoc. Copyfraud is a term used to describe the misuse of false claims of Copyright. Kai Puolamäki is a Finnish Physicist and Internet activist. He has been a vocal spokesman of the Finnish Anti-copyright movement Inc. v. Staley was published in Claim of Copyright Misuse May Be Valid Defense to Claim of Copyright Infringement, pp. 325-26 BNA's Patent, Trademark & Copyright Vol. BNA (The Bureau of National Affairs Inc is an independent privately owned publisher of specialized news and information for professionals in business and government 72, No. 1778, July 21, 2006.

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