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Towards An Empirical And Theoretical Assessment Of Private Antitrust Enforcement, Joshua Davis, Robert Lande
Towards An Empirical And Theoretical Assessment Of Private Antitrust Enforcement, Joshua Davis, Robert Lande
Joshua P. Davis
The dominant view in the antitrust field is that private enforcement cases, and especially class actions, accomplish little or nothing positive but, on the contrary, are counterproductive. Despite strongly worded convictions, that view has been premised on anecdotal, self-serving and insufficiently substantiated claims. Indeed, the authors' 2008 study of 40 private cases appears to constitute the only systematic effort to gather information about a significant number of private antitrust actions. That study generated a great deal of controversy, including questioning of our conclusions by high officials at the Department of Justice and by Professor Daniel Crane at the University of …
Net Neutrality And Nondiscrimination Norms In Telecommunications, Daniel Lyons
Net Neutrality And Nondiscrimination Norms In Telecommunications, Daniel Lyons
Daniel Lyons
“Net neutrality” refers to the principle that broadband providers should not discriminate when transporting content and applications over the Internet. After several years of debate, the Federal Communications Commission adopted binding net neutrality rules in December 2010. The cornerstone of this regime is a binding rule that forbids broadband providers from unreasonably discriminating when delivering Internet traffic.The prohibition on unreasonable discrimination has a long pedigree in telecommunications law, and net neutrality proponents have long asserted the need to extend that nondiscrimination norm to cyberspace. But the Commission’s net neutrality rules impose far greater obligations on broadband providers than the law …
Global Justice And International Economic Law: Opportunities And Prospects, Frank Garcia, Chios Carmody, John Linarelli
Global Justice And International Economic Law: Opportunities And Prospects, Frank Garcia, Chios Carmody, John Linarelli
Frank J. Garcia
No abstract provided.
The Extraordinary Deterrence Of Private Antitrust Enforcement: A Reply To Werden, Hammond, And Barnett, Joshua Davis, Robert Lande
The Extraordinary Deterrence Of Private Antitrust Enforcement: A Reply To Werden, Hammond, And Barnett, Joshua Davis, Robert Lande
Joshua P. Davis
Our article, "Comparative Deterrence from Private Enforcement and Criminal Enforcement of the U.S. Antitrust Laws," 2011 B.Y.U. L. Rev. 315, documented an extraordinary but usually overlooked fact: private antitrust enforcement deters a significant amount of anticompetitive conduct. Indeed, the article showed that private enforcement "probably" deters even more anticompetitive conduct than the almost universally admired anti-cartel enforcement program of the United States Department of Justice. In a recent issue of Antitrust Bulletin, Gregory J. Werden, Scott D. Hammond, and Belinda A. Barnett challenged our analysis. They asserted that our comparison “is more misleading than informative.” It is unsurprising that they …