The ‘Enhanced No Economic Sense’ Test: Experimenting with Predatory Innovation May 13, 2018 By Thibault Schrepel in JIPEL Vol. 7- No. 2 By Dr. Thibault Schrepel* Download a PDF version of this article here Introduction I. The Improved Version of the “No Economic Sense” Test A. How to Determine Which Test to Apply 1. Regarding the Goals of Antitrust Law 2. In Terms of its Efficiency B. On Why the “No Economic Sense” Test is Suitable 1. Its Main Characteristics 2. Inoperative Criticisms C. How to Improve the “No Economic Sense” Test D. Modeling of the Proposed Test II. Application to Major Predatory Innovation Cases A. Berkey Photo v. Eastman Kodak (1979) B. Microsoft (2001) C. Microsoft (2004) D. iPod iTunes (2014) Conclusion More →
