Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Articles 31 - 53 of 53

Full-Text Articles in Entire DC Network

Limitations On Corporate Speech: Protection For Shareholders Or Abridgement Of Expression?, Alan J. Meese Sep 2019

Limitations On Corporate Speech: Protection For Shareholders Or Abridgement Of Expression?, Alan J. Meese

Alan J. Meese

No abstract provided.


Inadvertent Waiver Of The Attorney-Client Privilege By Disclosure Of Documents: An Economic Analysis, Alan J. Meese Sep 2019

Inadvertent Waiver Of The Attorney-Client Privilege By Disclosure Of Documents: An Economic Analysis, Alan J. Meese

Alan J. Meese

No abstract provided.


Intrabrand Restraints And The Theory Of The Firm, Alan J. Meese Sep 2019

Intrabrand Restraints And The Theory Of The Firm, Alan J. Meese

Alan J. Meese

No abstract provided.


Hobby Lobby, Corporate Law, And Rfra, Alan J. Meese Sep 2019

Hobby Lobby, Corporate Law, And Rfra, Alan J. Meese

Alan J. Meese

No abstract provided.


Honorable Service, Alan J. Meese Sep 2019

Honorable Service, Alan J. Meese

Alan J. Meese

No abstract provided.


In Praise Of All Or Nothing Dichotomous Categories: Why Antitrust Law Should Reject The Quick Look, Alan J. Meese Sep 2019

In Praise Of All Or Nothing Dichotomous Categories: Why Antitrust Law Should Reject The Quick Look, Alan J. Meese

Alan J. Meese

No abstract provided.


Hobby Lobby, Corporate Law, And The Theory Of The Firm: Why For-Profit Corporations Are Rfra Persons, Alan J. Meese, Nathan B. Oman Sep 2019

Hobby Lobby, Corporate Law, And The Theory Of The Firm: Why For-Profit Corporations Are Rfra Persons, Alan J. Meese, Nathan B. Oman

Alan J. Meese

No abstract provided.


Don't Disintegrate Microsoft (Yet), Alan J. Meese Sep 2019

Don't Disintegrate Microsoft (Yet), Alan J. Meese

Alan J. Meese

No abstract provided.


Farewell To The Quick Look: Redefining The Scope And Content Of The Rule Of Reason, Alan J. Meese Sep 2019

Farewell To The Quick Look: Redefining The Scope And Content Of The Rule Of Reason, Alan J. Meese

Alan J. Meese

No abstract provided.


Exclusive Dealing, The Theory Of The Firm, And Raising Rivals' Costs: Toward A New Synthesis, Alan J. Meese Sep 2019

Exclusive Dealing, The Theory Of The Firm, And Raising Rivals' Costs: Toward A New Synthesis, Alan J. Meese

Alan J. Meese

No abstract provided.


Economic Theory, Trader Freedom And Consumer Welfare: State Oil Co. V. Khan And The Continuing Incoherence Of Antitrust Doctrine, Alan J. Meese Sep 2019

Economic Theory, Trader Freedom And Consumer Welfare: State Oil Co. V. Khan And The Continuing Incoherence Of Antitrust Doctrine, Alan J. Meese

Alan J. Meese

No abstract provided.


Hobby Lobby And Corporate Social Responsibility: A View From The Right, Alan J. Meese Sep 2019

Hobby Lobby And Corporate Social Responsibility: A View From The Right, Alan J. Meese

Alan J. Meese

No abstract provided.


Global Test Threatens Security, Alan J. Meese Sep 2019

Global Test Threatens Security, Alan J. Meese

Alan J. Meese

No abstract provided.


Debunking The Purchaser Welfare Account Of Section 2 Of The Sherman Act: How Harvard Brought Us A Total Welfare Standard And Why We Should Keep It, Alan J. Meese Sep 2019

Debunking The Purchaser Welfare Account Of Section 2 Of The Sherman Act: How Harvard Brought Us A Total Welfare Standard And Why We Should Keep It, Alan J. Meese

Alan J. Meese

The last several years have seen a vigorous debate among antitrust scholars and practitionersa bout the appropriates tandardf or evaluating the conduct of monopolists under section 2 of the Sherman Act. While most of the debate over possible standards has focused on the empirical question of each standard's economic utility, this Article undertakes a somewhat different task: It examines the normative benchmark that courts have actually chosen when adjudicating section 2 cases. This Article explores three possible benchmarks-producer welfare, purchaser welfare, and total welfare-and concludes that courts have opted for a total welfare normative approach to section 2 since the …


Competition Policy And The Great Depression: Lessons Learned And A New Way Forward, Alan J. Meese Sep 2019

Competition Policy And The Great Depression: Lessons Learned And A New Way Forward, Alan J. Meese

Alan J. Meese

The recent Great Recession has shaken the nation’s faith in free markets and inspired various forms of actual or proposed regulatory intervention displacing free competition. Proponents of such intervention often claim that such interference with free-market outcomes will help foster economic recovery and thus macroeconomic stability by, for instance, enhancing the “purchasing power” of workers or reducing consumer prices. Such arguments for increased economic centralization echo those made during the Great Depression, when proponents of regulatory intervention claimed that such interference with economic liberty and free competition, including suspension of the antitrust laws, was necessary to foster economic recovery. Indeed, …


Competition And Market Failure In The Antitrust Jurisprudence Of Justice Stevens, Alan J. Meese Sep 2019

Competition And Market Failure In The Antitrust Jurisprudence Of Justice Stevens, Alan J. Meese

Alan J. Meese

No abstract provided.


Bakke Betrayed, Alan J. Meese Sep 2019

Bakke Betrayed, Alan J. Meese

Alan J. Meese

No abstract provided.


Antitrust Balancing In A (Near) Coasean World: The Case Of Franchise Tying Contracts, Alan J. Meese Sep 2019

Antitrust Balancing In A (Near) Coasean World: The Case Of Franchise Tying Contracts, Alan J. Meese

Alan J. Meese

No abstract provided.


Assorted Anti-Leegin Canards: Why Resistance Is Misguided And Futile, Alan J. Meese Sep 2019

Assorted Anti-Leegin Canards: Why Resistance Is Misguided And Futile, Alan J. Meese

Alan J. Meese

In Leegin Creative Leather Products, Inc. v. PSKS, Inc., 551 U.S. 877 (2007), the Supreme Court reversed Dr. Miles Medical Co. v. John D. Park & Sons Co., 220 U.S. 373 (1911), which had banned minimum resale price maintenance (“minimum RPM”) as unlawful per se. For many, Leegin was a straightforward exercise of the Court’s long-recognized authority, implied by the Sherman Act’s rule of reason, to adjust antitrust doctrine in light of new economic learning. In particular, Leegin invoked the teachings of transaction cost economics (“TCE”), which holds that many non-standard agreements, including minimum RPM, are voluntary mechanisms …


Antitrust, Regulatory Harm, And Economic Liberty, Alan J. Meese Sep 2019

Antitrust, Regulatory Harm, And Economic Liberty, Alan J. Meese

Alan J. Meese

No abstract provided.


A Careful Examination Of The Live Nation-Ticketmaster Merger, Barak D. Richman, Alan J. Meese Sep 2019

A Careful Examination Of The Live Nation-Ticketmaster Merger, Barak D. Richman, Alan J. Meese

Alan J. Meese

As great admirers of The Boss and as fans of live entertainment, we share in the popular dismay over rising ticket prices for live performances. But we have been asked as antitrust scholars to examine the proposed merger of Live Nation and Ticketmaster, and we do so with the objectivity and honesty called for by The Boss’s quotes above. The proposed merger has been the target of aggressive attacks from several industry commentators and popular figures, but the legal and policy question is whether the transaction is at odds with the nation’s antitrust laws.

One primary source of concern to …


Antitrust Federalism And State Restraints Of Interstate Commerce: An Essay For Herbert Hovenkamp, Alan J. Meese Sep 2019

Antitrust Federalism And State Restraints Of Interstate Commerce: An Essay For Herbert Hovenkamp, Alan J. Meese

Alan J. Meese

No abstract provided.


Annan Leaves Door Open For U.S. Action, Alan J. Meese Sep 2019

Annan Leaves Door Open For U.S. Action, Alan J. Meese

Alan J. Meese

No abstract provided.