Category Archives: Competition

Biologics: Competition and Data Exclusivity

How long should biologics enjoy protection from competition? That hotly debated question in Congress has produced a wide range of opinions, from 5, 7 to 12 years. While some Congresspeople favor a 5 year period, Howard Dean, the National Venture Capital Association, and Senator Edward Kennedy all support 12 or more years of data exclusivity...

Barnes & Noble's eBooks Expansion Will Lift Amazon Kindle And Sony Reader

Barnes & Noble just announced its new eBook Store and a partnership with Plastic Logic, maker of the Plastic Logic eReader device. In so doing, Barnes & Noble has put its hat into the eBooks ring and poses a serious competitive threat to the Amazon Kindle and the Sony Reader. To the contrary, Barnes &...

Facebook And Twitter: The Mutual Obsession

If imitation is the sincerest form of flattery, Twitter should feel pretty good about itself. But Twitter does not see it that way. According to Forbes.com, the recently hacked Twitter documents posted on TechCrunch suggest that Twitter is afraid of Facebook. Over the past several months, Facebook has copied Twitter in at least ten ways....

Tackling G.M.'s Strategic Challenges

Now that G.M. is emerging from bankruptcy, it faces formidable challenges to become a viable business.  The new G.M. will be significantly streamlined, retaining only the Chevrolet, Cadillac, Buick and GMC nameplates. Hummer, Saab, Opel and Pontiac are being sold off or shut down. How can a smaller, leaner G.M. also be meaner? G.M.'s Strategic...

Will Google's Chrome Operating System Create An Antitrust Headache?

Google has announced plans for its Google Chrome Operating System. Chrome OS is a cloud based operating system for PCs that the company says will be characterized by "speed, simplicity, and security." In contrast to operating systems, like Windows, that sit on a computer's desktop, Chrome OS will be an open source, web standards based...

The Downsizing Of Venture Capital

The venture capital bubble has burst. The New York Times reports that the venture capital industry is shrinking on two fronts: the number of venture firms, and the total amount of investment in venture funds. As many as half of all venture firms could shut down because of poor financial performance. In 2008, venture capitalists...

Pepsi v. Coke: China Strategies

Coke is not the only beverage company looking to expand in China. Pepsi has its eyes on China. Pepsi has about one third of the carbonated beverage market in China, while Coke has about one half of the market. Since the Chinese are not big soda drinkers, the two companies are focusing on the juice...

Remote Storage DVR Systems Win Legal Battle

Makers of remote storage DVR systems have won a major legal battle against movie studios and TV networks. This morning the Supreme Court declined to hear the case of Cable News Networks v. CSC Holdings Inc. The remote storage DVR allows viewers to store shows for later viewing without having to use a box. Instead,...

Web Filtering Companies Immune To Unfair Business Practices Suits

Can a web filter prevent another tool from showing up on your computer? Yes, according to the Ninth Circuit Court of Appeals. On June 25, 2009, the Court held in Zango, Inc. v. Kaspersky, Inc., that the Communications Decency Act of 1996 (CDA) immunizes internet security companies from unfair business practices suits. See here for...