Market Failure and Non-Standard Contracting: How the Ghost of Perfect Competition Still Haunts Antitrust

Modern antitrust policy has a ‘love hate’ relationshipwith non-standard contracts that can overcome market failure.On the one hand, courts have abandoned various per se rulesthat once condemned such agreements outright, concluding thatmany non-standard contracts may produce benefits that are cognizableunder the antitrust laws.¹ The prospect of such benefits, itis said, compels courts to analyze these agreements under theRule of Reason, under which the tribunal determines whethera given restraint enhances or destroys competition.² At thesame time, courts, scholars, and the enforcement agencies haveembraced methods of rule of reason analysis that are undulyhostile to such agreements.³ In particular, courts and othersare too quick to view such agreements and the market outcomesthey produce as manifestations of market power. This articleseeks to explain why these agreements are still the object ofundue hostility.     

Maintaining the high-tech edge: Governmentindustry technology transfer and the federal laboratory system in California

One of the important resources to any state, such as California, is the technology that is available from the many federally operated and/or funded laboratories within its borders. In this age of technology a state needs to take advantage of applications of modern technology and innovative exploitation of human and natural resources. This article illuminates the importance of the Federal Government research laboratories. Many examples are presented to support the argument that the Federal Government research laboratories can be and often are substantial contributors to the storehouse of technology that finds its way to the private sector and public sector. Several types of technology transfer are discussed, i.e. primary technology, secondary applications, mission related, technical assistance and cooperative. In addition the article discusses the structure and logic of the Federal Laboratory Consortium for Technology Transfer (FLC). The legislaltion that has helped to make the FLC effective is discussed. Included in the discussion are insights of how the FLC operates and how the private sector and public sector may use the FLC in order to locate process, product and service technology.