Antitrust Laws in the 21st Century

Daniel J. Gifford and Robert T. Kudrle wrote “Antitrust Approaches To Dynamically Competitive Industries In The United States And The European Union”, which was subsequently published in the Journal of Competition Law & Economics in 2011. This article contains several of the qualifying factors that deem it scholarly. For starters, Gifford is a Robins, Kaplan, Miller & Ciresi Professor of Law at the University of Minnesota, and Kudrle is an Orville and Jane Freeman Professor of International Trade and Investment Policy at the Hubert Humphrey School of Public Affairs and the Law School at the University of Minnesota. Thus, the authors qualify as scholarly contributors. Next we have the online description of the journal, which describes the journal as the following:

"The Journal of Competition Law & Economics is a quarterly journal that publishes peer-reviewed articles on competition law, including developments in the United States, the European Union, and other regions and nations."

 This description verifies that the journal is peer-reviewed, which further qualifies the article as a scholarly source. With further investigation, I also found the publisher of the Journal of Competition Law & Economics is published by Oxford University Press. From this information, I am confident this article serves as a scholarly source for information.

The Gifford and Kudrle article explores intellectual property regulations and the interfering antitrust regulations that sit at the heart of United States and European Union legislative policies. The article centers its conversation around “the new economy,” or the economy now heavily bound to the evolving technological industry. The authors cite the most prominent standing theories in this discussion area to set a backdrop for the argument they are presenting. They also cite examples of how specific corporations operate under the protection of trade secret laws and manage to maintain a monopoly on the industry. Two of their primary examples are Microsoft and Google (both of which have been addressed in my previous blogs.) Both of these examples have managed to attain a monopoly on the industry.

Ultimately, Gifford and Kudrle conclude that further research must me completed and presented to the governmental decision makers. They argue that different standards must be put into place for these new economy firms. However, they maintain that the particulars of these regulations are still unclear. Gifford and Kudrle stress that the responsibility lies with the U.S. and E.U. judiciaries to modify such standards and relieve the paradox. 

Works Cited

Gifford, Daniel F., and Robert T. Kudrle. "Antitrust Approaches to Dynamically Competitive Industries in the United States and the European Union." Journal of Competition Law & Economics (2011): 695-731. Print.