Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Antitrust (22)
- Antitrust law (18)
- Sherman Act (11)
- NCAA (6)
- DOJ (5)
-
- Department of Justice (5)
- National Collegiate Athletic Association (5)
- Business (4)
- Clayton Act (3)
- Consumer protection (3)
- Monopoly (3)
- Sports law (3)
- United States (3)
- Administrative law (2)
- Antitrust Law (2)
- Arbitration (2)
- Big tech (2)
- Canada (2)
- Collective bargaining (2)
- College football (2)
- College sports (2)
- Consent decree (2)
- Criminal law (2)
- Economics (2)
- FTC (2)
- Federal Trade Commission (2)
- Football (2)
- Health insurance (2)
- Investment (2)
- Jurisdiction (2)
- Publication Year
Articles 1 - 30 of 52
Full-Text Articles in Entire DC Network
Box Office Knockout: The Future Of Theaters In An Industry Racing To Outpace Them, Jakob Stokes
Box Office Knockout: The Future Of Theaters In An Industry Racing To Outpace Them, Jakob Stokes
The Journal of Business, Entrepreneurship & the Law
This article examines the historical and contemporary impacts of antitrust measures in the film industry, focusing on the significant Paramount Decrees which initially aimed to dismantle the monopolistic practices of the "Big Five" and "Little Three" studios. It discusses the evolution of these decrees and their relevance in today's landscape dominated by a new set of major players. The article further explores the current debate surrounding the shortening of the cinematic window of exclusivity, delving into the implications of various premium video on demand services, such as Disney Premier Access, and the arguments both for and against shortened windows. It …
The Angel Wears Prada, The Devil Buys It On The Realreal: Expanding Trademark Rights Beyond The First Sale Doctrine, Junajoy Vinoya Frianeza
The Angel Wears Prada, The Devil Buys It On The Realreal: Expanding Trademark Rights Beyond The First Sale Doctrine, Junajoy Vinoya Frianeza
Pepperdine Law Review
Luxury brands derive their goodwill from the high-class exclusivity and first-rate quality signified in their trademarks. The Trademark Act of 1946, commonly known as the Lanham Act, grants trademark holders the right to control use of their mark. However, under common law, the first sale doctrine restricts trademark protection after holders authorize the initial sale of their trademarked product. Such limitation particularly jeopardizes the luxury industry as trademark holders ultimately bear the loss of goodwill when counterfeit luxury goods enter the market due to the negligence of resellers. This Comment illustrates how blockchain authentication offers all luxury industry participants—the brands, …
Fraud On Airbnb: How To Regulate An Emerging And Problematic Industry, Samuel Mcneal
Fraud On Airbnb: How To Regulate An Emerging And Problematic Industry, Samuel Mcneal
Journal of the National Association of Administrative Law Judiciary
In Section I, this article explains the issues within Airbnb and why they need addressing. Section II explains the current state of Airbnb regulation and identifies the loopholes within that regulation that harm consumers. Section III shows why Section 230 of the Communications Decency Act protects Airbnb from some regulations, but why it also allows harm to persist against Airbnb. Section IV will posit that the Federal Trade Commission should oversee a broad, context-based regulation of Airbnb to protect consumers through a risk management reporting mechanism similar to the financial reporting to the Securities and Exchange Commission required under the …
Freezing Innovation: How The Platform Competition And Opportunity Act Will Freeze Funds In The Tech Start-Up Market, Brandon Wong
Freezing Innovation: How The Platform Competition And Opportunity Act Will Freeze Funds In The Tech Start-Up Market, Brandon Wong
Pepperdine Law Review
The rise of technological giants like Amazon, Apple, Google, and Facebook motivated the House Judiciary Committee to pass a slew of new antitrust legislation bills to curb these companies’ considerable market power. The Platform Competition and Opportunity Act proposes to significantly cut a dominant online platform’s ability to continue growing by deeming certain acquisitions presumptively unlawful. The Act shifts the burden to the acquiring company to prove the proposed transaction would not be anticompetitive by eliminating a potential competitor. In an effort to protect competition, the Act has good intentions to protect start-up companies that are fearful of being acquired …
The Current State Of Student-Athlete Nil Rights: How Congress Should Respond To The Rapidly Changing Landscape Of Inter-Collegiate Sports, Kyle Aronson
Journal of the National Association of Administrative Law Judiciary
Collegiate student-athletes began signing sponsorship deals that compensate them for their name, image and likeness beginning in July 2021. Since its inception, the NCAA has prohibited student-athletes from receiving any outside monetary compensation to preserve traditional notions of amateurism. States have begun to pass legislation that allow for student-athlete compensation following recent decisions by the Supreme Court and Ninth Circuit suggesting that the NCAA’s historic practice may run afoul of antitrust law. This comment analyzes issues with the current state-by-state patchwork of laws that formulate the current landscape of collegiate sports. Finally, this comment will show why centralized, federal regulation …
Hair On Fire: Why Companies Are Less Likely To Feel The Burn Under The Doj’S Newest Change To Antitrust Enforcement, Caroline M. Whitener
Hair On Fire: Why Companies Are Less Likely To Feel The Burn Under The Doj’S Newest Change To Antitrust Enforcement, Caroline M. Whitener
Pepperdine Law Review
In July 2019, the Department of Justice (DOJ) Antitrust Division announced that in an effort to help companies avoid “‘hair on fire’ experiences,” Division prosecutors are now, despite previous hesitancy, encouraged to offer prosecution alternatives in the form of deferred prosecution agreements (DPAs) and non-prosecution agreements (NPAs) to corporate antitrust violators. Alternative prosecution agreements, such as DPAs and NPAs, are contracts between the government and corporate wrongdoers that allow companies to delay or entirely avoid prosecution, provided the company adheres to the contract terms. Additionally, as a part of the policy change, DOJ antitrust prosecutors must evaluate a corporation’s preexisting …
A New Antitrust Framework To Protect Mom And Pop From Big Tech, Cara Macdonald
A New Antitrust Framework To Protect Mom And Pop From Big Tech, Cara Macdonald
Journal of the National Association of Administrative Law Judiciary
While the economy declined during the COVID-19 pandemic, big technology companies like Amazon and Oracle experienced unprecedented growth and influence. Critics argue big technology companies are finding this level of success in-part due to anticompetitive practices. The crux of the debate rests on whether current, traditional antitrust laws are sufficient to cope with big technology companies. Some theorists argue that current laws are adequate, while others assert that antitrust laws are insufficient to regulate big technology companies because they are so different from the types of companies antitrust laws were designed to regulate. This article concludes that big tech companies …
The New Era Of Nfl Antitrust Law, The Sunday Ticket Package: Was The Ninth Circuit Ruling A Touchdown Or A Penalty?, Maya Rustom
The New Era Of Nfl Antitrust Law, The Sunday Ticket Package: Was The Ninth Circuit Ruling A Touchdown Or A Penalty?, Maya Rustom
Pepperdine Law Review
Americans love football, but every year thousands of fans are forced to pay exorbitant annual fees if they chose to have access to out-of-market games. In other words, if fans don’t live in the territory of their favorite team, they can either pay an excessive annual fee to watch their team play or miss out on the majority of games every season. This arrangement is a result of DirecTV’s Sunday Ticket Package, which is an exclusive distributorship agreement with the NFL that prevents fans from watching live out-of-market games unless they pay the annual subscription fee. This Comment addresses and …
The Music Industry: Drowning In The Stream, Jonathan Croskrey
The Music Industry: Drowning In The Stream, Jonathan Croskrey
Journal of the National Association of Administrative Law Judiciary
The Department of Justice is reviewing two of it's oldest consent decrees, which were entered into with ASCAP and BMI. ASCAP and BMI are the two original performing rights organizations and existed well before streaming. This article analyzes copyright and antirust law through the lens of modern technology and the current landscape of the music industry. It examines whether the consent decrees should be removed or modified and what the consequences of each would be.
Consumer Welfare & The Rule Of Law: The Case Against The New Populist Antitrust Movement, Elyse Dorsey, Geoffrey A. Manne, Jan M. Rybnicek, Kristian Stout, Joshua D. Wright
Consumer Welfare & The Rule Of Law: The Case Against The New Populist Antitrust Movement, Elyse Dorsey, Geoffrey A. Manne, Jan M. Rybnicek, Kristian Stout, Joshua D. Wright
Pepperdine Law Review
Populist antitrust notions suddenly are fashionable again. At their core is the view that antitrust law is responsible for a myriad of purported socio-political problems plaguing society today, including but not limited to rising income inequality, declining wages, and increasing economic and political concentration. Seizing on Americans’ fears about changes to the modern US economy, proponents of populist antitrust policies assert the need to fundamentally reshape how we apply our nation’s competition laws in order to implement a variety of prescriptions necessary to remedy these perceived social ills. The proposals are varied and expansive but have the unifying theme of …
The Economics And Antitrust Of Bundling, Rajeev R. Bhattacharya
The Economics And Antitrust Of Bundling, Rajeev R. Bhattacharya
The Journal of Business, Entrepreneurship & the Law
This article explains the economics and antitrust of bundling. I first show that popular arguments such as demand complementarities, economies of scope, and price discrimination are not sufficient. I then detail potentially anticompetitive factors such as leverage and opacity. I then use simple examples to show how variation in consumer valuations explains bundling and is not anticompetitive. Finally, I explore other business judgment rule explanations for bundling.
American Oligarchy: How The Enfeebling Of Antitrust Law Corrodes The Republic, Zachariah Foge
American Oligarchy: How The Enfeebling Of Antitrust Law Corrodes The Republic, Zachariah Foge
The Journal of Business, Entrepreneurship & the Law
In this note, I will argue that the current antitrust framework is misguided and based on erroneous legal and economic theories originating from the Chicago School. I will argue that the neoclassical approach is not only wrong when examining the legislative intent of Congress but is also in contravention with the policy goals and foundational principles of antitrust law. Furthermore, I will argue that the Chicago School’s narrow, outcome-based view of antitrust is ill-equipped to deal with the demands of the twenty-first century and especially with the online marketplace. The tech giants are unprecedented in their scale, and the online …
The Blue Devil's In The Details: How A Free Market Approach To Compensating College Athletes Would Work, David A. Grenardo
The Blue Devil's In The Details: How A Free Market Approach To Compensating College Athletes Would Work, David A. Grenardo
Pepperdine Law Review
Everyone involved in the business of major college athletics, except the athletes, receives compensation based on a free market system. The National Collegiate Athletic Association’s (NCAA) cap on athlete compensation violates antitrust law, and athletes should be allowed to earn their free market value as everyone else does in this country. This Article provides a detailed approach to compensating college athletes under a free market model, which includes a salary cap, the terms of a proposed standard player’s contract, a discussion of who can represent players, and payment simulations for football and basketball teams. A free market approach would not …
Healthcare Mergers And Acquisitions In An Era Of Consolidation: A Review And A Call For Agency Collaboration In Antitrust Enforcement, Anna Molinari
Healthcare Mergers And Acquisitions In An Era Of Consolidation: A Review And A Call For Agency Collaboration In Antitrust Enforcement, Anna Molinari
Pepperdine Law Review
Healthcare companies are consolidating at an alarming rate. From hospitals, to providers’ offices, to insurance companies, there are increasingly fewer consumer choices and more monopolies, which calls for heightened antitrust enforcement. Interestingly, antitrust enforcement authority in the healthcare industry is shared between the Federal Trade Commission (FTC), which presides over hospital and provider mergers, and the Department of Justice (DOJ), which presides over health insurance mergers. Although the FTC has challenged many hospital and provider mergers, the DOJ has only challenged six health insurance mergers. Furthermore, last year, the DOJ ultimately approved all health insurance mergers. In 2017, in United …
Let The State Decide: The Efficient Antitrust Enforcer And The Avoidance Of Anticompetitive Remedies, Andrew J. Fuller
Let The State Decide: The Efficient Antitrust Enforcer And The Avoidance Of Anticompetitive Remedies, Andrew J. Fuller
The Journal of Business, Entrepreneurship & the Law
If the antitrust remedy a private party pursues would likely have anticompetitive consequences, would only the government constitute an efficient enforcer of the antitrust laws? Imagine that a plaintiff sues for a remedy so large that the award of the remedy would meaningfully increase market concentration by sending the defendants into bankruptcy. Is such a plaintiff an efficient enforcer of the antitrust laws? Should courts hold that in this situation only the government should be able to challenge the alleged conduct? These questions have gone unaddressed in academic literature because litigation rarely raises the specter of the anticompetitive remedy. Recently, …
Keeping Secrets: The Case For A North American Trade Secret Agreement, Jonathan K. Heath
Keeping Secrets: The Case For A North American Trade Secret Agreement, Jonathan K. Heath
The Journal of Business, Entrepreneurship & the Law
In this paper, I attempt to give an overview of the statutory trade secret protections available in the United States, Canada, and Mexico, and suggest a solution to the problem of inadequate and confusing trade secret legislation: an international agreement between the NAFTA signatories criminalizing the theft of trade secrets.
Note: A Series Of (Inseparable) Tubes? “New Media” Streaming And The Impact Of In Re. Pandora Media, Related Decisions, And Performance Licensing In The Internet Era, Ross Coker
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Symposium: Regulatory Capture And Technological Entrepreneurship: Protecting Consumer Interests?, Robert Anderson, John G. Shearer, Christopher Koopman, Makan Delrahim, Erik Syverson, Babbette Boliek
Symposium: Regulatory Capture And Technological Entrepreneurship: Protecting Consumer Interests?, Robert Anderson, John G. Shearer, Christopher Koopman, Makan Delrahim, Erik Syverson, Babbette Boliek
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Predatory Hiring As Exclusionary Conduct: A New Perspective, Richard J. Braun, Michael A. Williams
Predatory Hiring As Exclusionary Conduct: A New Perspective, Richard J. Braun, Michael A. Williams
The Journal of Business, Entrepreneurship & the Law
The showing of predatory or exclusionary conduct is a necessary element to prove an attempted monopolization claim under section 2 of the Sherman Act. Predatory hiring as a form of exclusionary conduct has not been extensively analyzed from legal or economic perspectives. Most litigated cases have followed Universal Analytics, Inc. v. MacNeal-Schwendler Corp., where the court held that unlawful predatory hiring occurs when talent is acquired not for purposes of using that talent, but for purposes of denying it to a competitor. An anticompetitive act by a single firm is an act that is not profit maximizing but for the …
The Competing Approaches To The Foreign Trade Antitrust Improvements Act: A Fundamental Disagreement, Morgan Franz
The Competing Approaches To The Foreign Trade Antitrust Improvements Act: A Fundamental Disagreement, Morgan Franz
Pepperdine Law Review
This Comment explores the history and reasoning behind a recent reexamination of the FTAIA in light of Arbaugh v. Y & H Corp., examines both the propriety and the implications of the competing interpretations of the FTAIA, and argues that the resolution of the competing approaches is beyond the purview of the lower courts. Part II provides an overview of the extraterritorial reach of the Sherman Act leading up to the FTAIA, as well as the judicial treatment of the FTAIA prior to Arbaugh. Part III discusses the impact of Arbaugh and subsequent Supreme Court cases applying the “clearly states” …
Foot Faults In Crunch Time: Temporal Variance In Sports Law And Antitrust Regulation, Jeffrey Standen
Foot Faults In Crunch Time: Temporal Variance In Sports Law And Antitrust Regulation, Jeffrey Standen
Pepperdine Law Review
No abstract provided.
The Penn State "Consent Decree": The Ncaa's Coercive Means Don't Justify Its Laudable Ends, But Is There A Legal Remedy?, Matthew J. Mitten
The Penn State "Consent Decree": The Ncaa's Coercive Means Don't Justify Its Laudable Ends, But Is There A Legal Remedy?, Matthew J. Mitten
Pepperdine Law Review
No abstract provided.
A Modest Proposal For Taming The Antitrust Beast, Gabe Feldman
A Modest Proposal For Taming The Antitrust Beast, Gabe Feldman
Pepperdine Law Review
No abstract provided.
An Antitrust Exemption For The Ncaa: Sound Policy Or Letting The Fox Loose In The Henhouse?, Daniel E. Lazaroff
An Antitrust Exemption For The Ncaa: Sound Policy Or Letting The Fox Loose In The Henhouse?, Daniel E. Lazaroff
Pepperdine Law Review
This Article focuses on the issues presented by the debate over granting the NCAA an exemption from federal antitrust law. Part II briefly describes the history of antitrust litigation involving the NCAA. Part III discusses some of the proposals for affording some type of antitrust immunity to the NCAA. Part IV explains the rationales utilized for some of the numerous antitrust exemptions Congress and the Supreme Court have created for some businesses and forms of commercial activity. Part V addresses the question of whether any of those rationales justifies providing the NCAA with a legislative or judicial antitrust exemption and …
Lessons From At&T'S Flop: How To Grow In The Technology Industry While Avoiding Section 7 Antitrust Obstacles, John Soma
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
A Channel Worth Changing? The Individual Regional Sports Network: Proliferation, Profits, Parity, And The Potential Administrative And Antitrust Issues That Could Follow, Stephen Dixon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Kickbacks, Rebates And Tying Arrangements In Real Estate Transactions; The Federal Real Estate Settlement Act Of 1974; Antitrust And Unfair Practices, Conrad G. Tuohey
Kickbacks, Rebates And Tying Arrangements In Real Estate Transactions; The Federal Real Estate Settlement Act Of 1974; Antitrust And Unfair Practices, Conrad G. Tuohey
Pepperdine Law Review
No abstract provided.
The Doctrine Of Primary Jurisdiction: Was It Inverted?, Patrick Callahan
The Doctrine Of Primary Jurisdiction: Was It Inverted?, Patrick Callahan
Pepperdine Law Review
No abstract provided.
Out Of Bounds Under The Sherman Act? Player Restraints In Professional Team Sports , Seth M. Goldstein
Out Of Bounds Under The Sherman Act? Player Restraints In Professional Team Sports , Seth M. Goldstein
Pepperdine Law Review
No abstract provided.
Perspectives In Consumer Advocacy: Antitrust Parens Patriae Suits Pursuant To The Hart-Scott-Rodino Antitrust Improvements Act- A Solution For Wrongs Without Redress, Andrew B. Jones
Pepperdine Law Review
No abstract provided.