Much has been written about the law in virtual worlds, though the focus has been on the more obviously applicable areas of the law, namely property, copyright, and crime. Indeed, in the few instances when disputes involving virtual worlds have reached a federal court, the focus has usually been on contract or copyright claims. It is the purpose of this paper to argue for the use of the antitrust laws as set forth in sections 1 and 2 of the Sherman Act, and possibly the Clayton Act, to forestall the anticompetitive behavior of virtual world developers. First, this paper will discuss the general purposes of antitrust law and the reasons for their preeminence in commercial law. Second, this paper will focus on the economic effect of real-money trading (“RMT”) in virtual worlds, focusing on the perceived, as well as the actual, impacts on commerce. Third, this paper will argue for the application of section 1 of the Sherman Act’s prohibition against tying arrangements as it relates to RMT. Fourth, this paper will argue for the application of section 2 of the Sherman Act’s prohibition against monopoly as it relates to RMT. Finally, this paper will introduce the possibility of liability under the Clayton Act, noting the difficulty inherent in such analysis because of the nature of in-game items.

More In Volume 3 - Issues 1 & 2
-
Shutting Down the Offense: Why the Supreme Court Should Designate the NFL a Single Entity for Antitrust Purposes | Author: Peter R. Morrison
The National Football League (“NFL”) has been defending against antitrust suits for over fifty years.…
-
Duck, Duck, Bilski: Searching for a Law-Progress Equipoise | Author: Eric Golas Salbert
Moore's Law generally asserts that the transistor capacity on a computer processing unit increases exponentially…
-
Keeping Score When Bankruptcy Principles and the Federal Anti-Assignment Act Collide: Government Contractors’ Options Concerning Executory Contracts | Author: Tanya M. Kiatkulpiboone
This Comment’s analysis requires a look at statutory language, congressional intent and case precedent to…
-
Was the Congressional Grant of ‘Bailout’ Authority to Treasury Secretary Henry Paulson Really So “Unprecedented?”: A Historical Analysis and Comparison of Treasury Secretary Authority During Financial Crisis | Author: Zachary Cormier
The time had come for Treasury Secretary Henry Paulson to urge Congress to give him…
-
L3Cs: The Next Big Wave in Socially Responsible Investing or Just Simply Too Good To Be True? | Author: David J. Schwister
Numerous other businesses, especially non-profits, are seeking to find other means to raise capital. In…
-
Cook Islands Asset Protection Trust Law | Author: David R. McNair
In 1989, the Cook Islands enacted the International Trusts Amendment Act (“ITAA”), which amended the…
-
The Impact of MedImmune, Inc. v. Genentech, Inc. and Its Progeny on Technology Licensing | Author: Michael Donovan
Patent law has long been used as an incentive-based monopoly system for encouraging the development…
-
The Rating Agencies: Where We Have Been and Where Do We Go From Here? | Author: Joshua D. Krebs
The credit rating agencies are supposed to be gatekeepers to the public securities markets. As…
-
Abolish Trademark Law’s Initial Interest Confusion and Permit Manipulative Internet Search Practices | Author: Priya Singh
This article discusses trademark law’s doctrine of initial interest confusion, which is currently applied to…