PATENT HOLDUP AND OLIGOPSONISTIC COLLUSION IN STANDARD-SETTING ORGANIZATIONS

Current controversies over patent policy place standard-settingorganizations (SSOs) on a collision course with antitrust law.Recent theoretical research conjectures that, in an SSO, patentowners can "hold up" patent users in the sense of demandinghigh royalties for a patented input after the SSO has adoptedthe patented technology as an industry standard and manufacturerswithin the SSO have incurred sunk costs to design end productsthat incorporate that standard. Consistent with this conjecture,actual SSOs have recently sought no-action letters from theAntitrust Division for a variety of amendments to SSO rulesthat would require or request, at the time a standard is underconsideration, the ex ante disclosure by the patent owner ofthe maximum royalty that the patent owner would charge underthe regime of fair, reasonable, and nondiscriminatory licensing.This price information—which is characterized as the "cost"of the patented input—would, under at least one recentSSO rule modification, be a permissible topic for potentialusers of the patent to discuss when deciding whether to selectit in lieu of some alternative standard. This exchange of informationamong horizontal competitors would occur ostensibly becausethe cost of the patented technology had been characterized assimply one more technical attribute of the standard to be set,albeit an important technical attribute. The Antitrust Divisionand the Federal Trade Commission have jointly stated that suchdiscussion, by prospective buyers who are competitors in thedownstream market, of the price of a patented invention thatmight become part of an industry standard should be subjectto antitrust scrutiny under the rule of reason rather than therule of per se illegality. The rationale that the antitrustagencies offer for applying the rule of reason to such conductis that such horizontal collaboration might avert patent holdup.The Antitrust Modernization Commission (AMC) similarly endorsedthe view that rule-of-reason analysis is appropriate for exante discussion of royalty terms by competing buyers of patentedtechnology. This rule-of-reason approach, however, is problematicbecause it conflicts with both the body of economic researchon bidder collusion and with the antitrust jurisprudence oninformation exchange and facilitation of collusion. Put differently,because of their concern over the possibility of patent holdup,the U.S. antitrust agencies and the AMC in effect have indicatedthat they may be willing in at least some circumstances to forgoenforcement actions against practices that facilitate oligopsonisticcollusion by encouraging the ex ante exchange of informationamong competitors concerning the price to be paid for a patentedinput as an implicit condition of those competitors' endorsementof that particular patented technology for adoption in the industrystandard. However, neither the proponents of these SSO policiesnor the antitrust agencies and the AMC have offered any theoreticalor empirical foundation for their implicit assumption that theexpected social cost of patent holdup exceeds the expected socialcost of oligopsonistic collusion. This conclusion does not changeeven if one conjectures that such collusion will benefit consumersby enabling licensees to pass through royalty reductions intheir pricing of the downstream product incorporating the patentedtechnology. Proper economic evaluation of the plausibility ofthe pass-through conjecture will require information about thecalculation of royalty payments; the demand and supply elasticitiesfacing the licensees; and the structure of any industries furtherdownstream between the manufacturer and the final consumer.Consequently, the magnitude of this effect will likely be amatter of empirical dispute in every case. Moreover, such ajustification for tolerating horizontal price fixing finds nosupport in antitrust jurisprudence. Given the analytical andfactual uncertainty over whether patent holdup is a seriousproblem, it is foreseeable that antitrust questions of firstimpression will arise and affect a wide range of high-technologyindustries that rely on SSOs. However, there is no indicationthat scholars and policy makers have seriously considered whetheroligopsonistic collusion in SSOs is a larger problem than patentholdup.     

Impulsivity,Offending, and the Neighborhood: Investigating the Person–Context Nexus

The traditional trait-based approach to the study of crime has been challenged for its failure to acknowledge differences in the social environments to which individuals are exposed. Similarly, community-level explanations of crime have been criticized for failing to take into account important individual differences between criminals and non-criminals. Ultimately, a full understanding of crime requires the consideration of both individual and environmental differences, perhaps most importantly because they may interact to produce offending behavior. Yet little criminological research has examined if the effects of individual-level characteristics vary by the context in which they are embedded. The current study addresses this gap in the literature by using multivariate, multilevel item response models to examine if the influence of impulsivity on offending differs as a function of neighborhood context. Analyses using data from the Project of Human Development in Chicago Neighborhoods reveals that the effects of impulsivity are amplified in neighborhoods with higher levels of socioeconomic status and collective efficacy, and lower levels of criminogenic behavior settings and moral/legal cynicism. Implications of these findings for research and policy are discussed.     

Managing transience: Bolsa Família and its subjects in an MST landless settlement

Bolsa Família, the world's largest conditional cash transfer, provides welfare payments to 13 million Brazilian households – and creates dilemmas for Brazil's rural landless movement, the MST. Through ethnographic analysis in two villages, this paper explores the daily practices and political conceptions of the program's beneficiaries. Bolsa Família does not, as is often believed, create a de-radicalizing sense of contentment. Instead, the program generates a temporality that makes the benefit feel unreliable to beneficiaries. These beneficiaries must mediate the tension between ‘citizen’ and ‘manager’ identities, the latter being a salient subject-position produced by Bolsa Família. The precarity of this position helps explain why Bolsa Família has not inspired significant mobilization by social movements.     

The Ethical Implications of Altering Public Sector Accountability Models: The Case of the Atlanta Cheating Scandal

ABSTRACT

Outcome based policies promote the use performance accountability models. However, the impact these policies have on the ethical culture of public sector organizations has not been adequately assessed. This research examines performance accountability reforms by examining the City of Atlanta’s implementation of federal and state performance policies. The analysis reveals the use of performance models in vulnerable organizations negatively impact employees’ ethical behavior. Teachers and administrators altered test results, delivered threats, misled parents and students about performance outcomes, and were dishonest with state investigators to give the illusion that performance goals had been met or exceeded.     

25 Years of Transparency Research: Evidence and Future Directions

This article synthesizes the cross‐disciplinary literature on government transparency. It systematically reviews research addressing the topic of government transparency published between 1990 and 2015. The review uses 187 studies to address three questions: (1) What forms of transparency has the literature identified? (2) What outcomes does the literature attribute to transparency? and (3) How successful is transparency in achieving those goals? In addressing these questions, the authors review six interrelated types of transparency and nine governance‐ and citizen‐related outcomes of transparency. Based on the findings of the analysis, the authors outline an agenda for future research on government transparency and its effects that calls for more systematically investigating the ways in which contextual conditions shape transparency outcomes, replicating studies with varying methodologies, investigating transparency in neglected countries, and paying greater attention to understudied claims of transparency such as improved decision making and management.     

Hidden Costs and Deadweight Losses: Bundled Parking and Residential Rents in the Metropolitan United States

There is a major housing affordability crisis in many American metropolitan areas, particularly for renters. Minimum parking requirements in municipal zoning codes drive up the price of housing, and thus represent an important potential for reform for local policymakers. The relationship between parking and housing prices, however, remains poorly understood. We use national American Housing Survey data and hedonic regression techniques to investigate this relationship. We find that the cost of garage parking to renter households is approximately $1,700 per year, or an additional 17% of a housing unit’s rent. In addition to the magnitude of this transport cost burden being effectively hidden in housing prices, the lack of rental housing without bundled parking imposes a steep cost on carless renters—commonly the lowest income households—who may be paying for parking that they do not need or want. We estimate the direct deadweight loss for carless renters to be $440 million annually. We conclude by suggesting cities reduce or eliminate minimum parking requirements, and allow and encourage landlords to unbundle parking costs from housing costs.     

Japan’s Bilateral FTAs: No Obstacle to Progress in the Doha Round

This paper examines Japan’s FTAs with Mexico and the Philippines in the context of parallel negotiations in the Doha Round. Although the limited results produced by these FTAs represent an inferior outcome to what might be achieved with multilateral trade liberalization, there is no evidence that these agreements have weakened the political will of Japanese export interests to push ahead with trade liberalization in the WTO or increased the leverage of protectionist interests in opposing that goal. The greatest hope for increased Japanese flexibility in WTO agricultural talks lies in accelerated reform of domestic farm policy rather than reduced emphasis on pursuit of FTAs.