Norman Hawker

Western Michigan University, Finance and Commercial Law, Faculty Member

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Papers by Norman Hawker

Liability for breach of trust and privacy

Routledge eBooks, Aug 17, 2023

Access remedies after Trinko

Network Access, Regulation and Antitrust, …, 2005

The essential facility doctrine: A brief overview

Part 1: Key Topics Preface 1. Networks and Natural Monopoly 2. Essential Facilities 3. Tipping 4.... more Part 1: Key Topics Preface 1. Networks and Natural Monopoly 2. Essential Facilities 3. Tipping 4. Efficient Component Pricing Rule 5. Access Remedies after Trinko Part 2: Case-Studies Preface 1. Freight Railroads 2. Electricity Transmission 3. Gas Pipelines 4. Local Telecommunications 5. Long Distance Telecommunications 6. Broadband 7. Automated Teller Machines 8. Internet Browser 9. Internet-Based Airline and Travel Services 10. Online Music Part 3: Lessons Learned and Policy Recommendations

Network Access, Regulation and Antitrust

... British Library Cataloguing in Publication Data A catalogue record for this book is available... more

Antitrust Insights from Strategic Management

NYL Sch. L. Rev., 2003

Antitrust law has long treated economics as a sister discipline. Yet antitrust law concerns busin... more Antitrust law has long treated economics as a sister discipline. Yet antitrust law concerns business behavior, and business schools, not economics departments, the primary centers teaching business managers how to behave. Consequently, a growing number of scholars, in the legal and business academies, have suggested that the study of business may yield new insights into antitrust law.' Two problems immediately confront anyone attempting to use business scholarship in antitrust law. First, one must pick from a plethora of business disciplines. Second, academic business scholarship does not enjoy the widespread readership among business managers that academic legal scholarship does among lawyers. 2 Consequently, academic writing may provide insights into business thinking and behavior, but even the top tier academic journals do not directly influence the thinking or behavior of business managers. As to the first issue, strategic management presents one area with an unusually high potential for insight because it explicitly deals with issues that concern antitrust law such as the effects of competitor behavior on other firms in the market. Richard Posner, for example, noted the importance of strategic management even as he conceded that the Chicago School of antitrust analysis has

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$Research paper thumbnail of The FTC\u27s Cruise Lines Decisions: Three Cheers For Transparency$

The FTC\u27s Cruise Lines Decisions: Three Cheers For Transparency

The FTC's Cruise Lines Decisions: Three Cheers For Transparency

Overview of Aai's Real Estate Competition Project: Highlights from the Existing Literature on Broker Competition

With the recent activities of the United States Department of Justice and the Federal Trade Commi... more With the recent activities of the United States Department of Justice and the Federal Trade Commission, one might think that concern over competition in the residential real estate brokerage industry is a new phenomenon. In fact, as the literature highlighted in this essay and in the appended bibliography reveal, competition issues in this industry have been a major concern for the last half century.

Under Threat: Competition in the Automotive Service Aftermarket

SSRN Electronic Journal, 2008

... Bus. Rev. 129, 130 (2006) 7 Thomas Osegowitsch, & Anoop Madhok, Vertical Integration is D... more

The Public Policy of Antitrust and Strategy: An Overview

Journal of Public Policy & Marketing, 2002

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Wintel Under the Antitrust Microscope: A Comparison of the European Intel Case with the U.S. Microsoft Cases

SSRN Electronic Journal, 2007

ABSTRACT European Union has issued a statement of objections, and a supplemental statement of obj... more ABSTRACT European Union has issued a statement of objections, and a supplemental statement of objections, to Intel regarding the company’s conduct aimed at suppressing competition from Intel’s chief rival, AMD. Although the statements of objections remain confidential, the allegations in AMD’s private litigation are public and provide a useful basis for analysis. Intel dominates the PC chip market almost to the same degree that Microsoft dominates the PC operating system market. As in the Microsoft case, Intel’s aggressive marketing tactics prevented OEMs from offering rival products to consumers. And like Microsoft, Intel has engaged in this conduct to maintain its existing monopoly. These parallels between the Microsoft and Intel suggest that Intel’s anticompetitive practices harm consumers, including American consumers, by denying them the access to innovative products at lower prices from rivals. The United States established that Microsoft repeatedly and willfully violated the antitrust laws, but failed to achieve an effective remedy. The EU, however, should have an easier time achieving an effective remedy. First, unlike the OS market, a viable competitor still exists in the chip market, i.e., AMD. Second, Intel has relied primarily on exclusionary rebates, not commingling of intellectual property, to maintain its monopoly. Consequently, the EU should be able to fashion a remedy that does not require Intel to redesign its product.

Does Corporate Law Matter? Legal Capital Restrictions on Stock Distributions

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Predatory Pricing Law in the United States and Canada

University of Miami Business Law Review, 1999

University of Michigan. I would like to thank the Dean of the Haworth College of Business for a m... more University of Michigan. I would like to thank the Dean of the Haworth College of Business for a mini-grant to support this research and the staff at the Waldo library Resource Sharing Center for their assistance. I would also like to thank Howard P. Knopf and Henry C. Su for their insights into Canadian competition law and legal research which undoubtedly reduced the number and severity of errors made in this article.

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Consistently Wrong: The Single Product Issue and the Tying Claims Against Microsoft

A blatant hard-core tie would occur if Microsoft told customers, "You cannot buy Windows 95 unles... more A blatant hard-core tie would occur if Microsoft told customers, "You cannot buy Windows 95 unless you also buy Internet Explorer."' Microsoft has clearly met the burden of ascribing facially plausible benefits to [bundling Windows 95 and Internet Explorer] as compared to an operating system with a stand-alone browser.

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Wal-Mart and the Divergence of State and Federal Predatory Pricing Law

Journal of Public Policy & Marketing

Strategic Management Concepts for Antitrust: Cooperation, Stakeholders and Sustainability

The Antitrust Bulletin

Avoiding the Efficiency Trap

The Antitrust Bulletin, 2015

The Automobile Aftermarket: Crash Parts, Design Patents, and the Escape from Competition

SSRN Electronic Journal, 2000

ABSTRACT Automobile manufacturers have increasingly relied on design patents to prevent competiti... more ABSTRACT Automobile manufacturers have increasingly relied on design patents to prevent competition in the aftermarket for collision repair parts. This trend has competitive ramifications for consumers and other stakeholders in a number of related markets, including automobile insurance companies and collision repair services. The proposed “Access to Repair Parts Act” would create a limited exception to design patent law to promote competition in the collision repair parts aftermarket. This paper provides an overview of design patents, describes the aftermarket, elaborates on the anticompetitive effects design patents when enforced by the OEMs against third party parts distributors, and evaluates the proposal. Ultimately, this paper concludes that the proposal need not deny automobile manufacturers the profits that a design patent entitles them to receive, although it would shift their collection of that profit away from the aftermarket and toward the primary market. More importantly, the proposal would likely increase price competition in the aftermarket and benefit consumers in a variety ways, including improved transparency in the lifetime costs of different automobiles in the primary market.

How to Block Cartel Formation and Price-Fixing

Abstract written by the AEI-Brookings Joint Center:Allowing foreign buyers of goods produced by i... more Abstract written by the AEI-Brookings Joint Center:Allowing foreign buyers of goods produced by international cartels to pursue civil antitrust damages in U.S. courts would better deter cartel formation and price-fixing than do sanctions currently imposed by global criminal and civil justice systems.

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Automotive Aftermarkets: A Case Study in Systems Competition

The Antitrust Bulletin

As automobiles have become more durable and complex, manufacturers have denied access to parts, i... more As automobiles have become more durable and complex, manufacturers have denied access to parts, information, and training to anyone but authorized dealers. Increased intellectual property law protection has greatly contributed to these developments. This article examines the aftermarket for collision repair parts and the aftermarket for maintenance and repair services, and finds that problems such as consumer myopia and third-party payers keep consumers from factoring the total cost of ownership into the price of an automobile. Even robust competition in the primary market for new automobiles may not inhibit manufacturers from reaping monopoly profits in these aftermarkets. Potential solutions to these issues in the aftermarket for maintenance and repair services may be found in mandating access for independent service providers. In the aftermarket for collision repair parts, a potential solution may be found by creating an exception to design patent law for third-party collision re...

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