The Yale Law Journal

Carl Shapiro


How Antitrust Law Can Make FRAND Commitments More Effective

A. Douglas Melamed & Carl Shapiro

This Feature argues that Section 1 of the Sherman Act can play an important role in ensuring that the rules established by standard-setting organizations are effective in preventing owners of standard-essential patents from engaging in patent holdup.


Horizontal Mergers, Market Structure, and Burdens of Proof

Herbert Hovenkamp & Carl Shapiro

Hovenkamp and Shapiro argue that the longstanding structural presumption is strongly supported by economic theory and evidence and suggest ways to further strengthen it. The Feature considers and suggests additions to a promising recent legislative proposal to reinforce and expand the presumption.