Law Commons^™

Stakeholderism Silo Busting, Aneil Kovvali

Articles by Maurer Faculty

The fields of antitrust, bankruptcy, corporate, and securities law are undergoing tumultuous debates. On one side in each field is the dominant view that each field should focus exclusively on a specific constituency—antitrust on consumers, bankruptcy on creditors, corporate law on shareholders, and securities regulation on financial investors. On the other side is a growing insurgency that seeks to broaden the focus to a larger set of stakeholders, including workers, the environment, and political communities. But these conversations have largely proceeded in parallel, with each debate unfolding within the framework and literature of a single field. Studying these debates together …

Developments In The Laws Affecting Electronic Payments And Financial Services, Sarah Jane Hughes, Stephen T. Middlebrook, Tom Kierner

Articles by Maurer Faculty

The past year proved to be a busy period for the regulation of electronic payments and financial services. In this year’s survey, we discuss rulemakings, enforcement actions, and other litigation that has significantly impacted the law governing payments and financial services. Part II addresses the ongoing fight between federal and state authorities over which should properly regulate Fin- Tech entities and describes some new steps the Office of the Comptroller of the Currency (“OCC”) has taken to assert its authority in this area. Part III details an enforcement action that California regulators took against a FinTech company they determined had …

Patent Pool Outsiders, Michael Mattioli

Articles by Maurer Faculty

Individuals who decline to join cooperative groups — outsiders — raise concerns in many areas of law and policy. From trade policy to climate agreements to class action procedures, the fundamental concern is the same: a single member of the group who drops out could weaken the remaining union. This Article analyzes the outsider problem as it affects patents.

The outsider question has important bearing on patent and antitrust policy. By centralizing and simplifying complex patent licensing deals, patent pools conserve tremendous transaction costs. This allows for the widespread production and competitive sale of many useful technologies, particularly in the …

Book Review. Louis D. Brandeis And The Making Of Regulated Competition, 1900-1932 By Gerald Berk, Ajay K. Mehrotra

Articles by Maurer Faculty

No abstract provided.

German Legal Culture And The Globalization Of Competition Law: A Historical Perspective On The Expansion Of Private Antitrust Enforcement, Hannah Buxbaum

Articles by Maurer Faculty

One trend developing in international competition regulation is the expansion of private antitrust litigation as an enforcement mechanism. This article examines Germany's response to that trend, investigating the extent to which it has roots in the country's legal and economic history. It begins by tracing the development of German competition law post-World War II - focusing in particular on the patterns of pressure and resistance within the transatlantic relationship - and identifies the emergence of an indigenous regulatory enforcement philosophy. It then turns to two recent developments that indicate the expansion of private enforcement in ways relevant to Germany's domestic …

National Courts, Global Cartels: F. Hoffman-Laroche V. Empagran, S.A., Hannah Buxbaum

Articles by Maurer Faculty

This comment discusses the Supreme Court's recent decision in Hoffman-LaRoche v. Empagran, an action brought by foreign plaintiffs under U.S. antitrust law to recover damages caused by the activities of a global price-fixing cartel. It describes the jurisdictional issues raised by conduct that affects the global market for a particular good, and analyzes the Court's reliance on notions of comity to restrain the reach of U.S. antitrust law. It argues, however, that the decision does not in fact undermine the anti-comity approach adopted in the 1993 Hartford Fire case, as the Court here assumes that the cartel's effects in the …

Jurisdictional Conflict In Global Antitrust Enforcement, Hannah Buxbaum

Articles by Maurer Faculty

No abstract provided.

Anticompetitive Settlement Of Intellectual Property Disputes, Mark D. Janis, Herbert J. Hovenkamp, Mark A. Lemley

Articles by Maurer Faculty

No abstract provided.

Transitions In Ip And Antitrust, Mark D. Janis

Articles by Maurer Faculty

No abstract provided.

The Private Attorney General In A Global Age: Public Interests In Private International Antitrust Litigation, Hannah Buxbaum

Articles by Maurer Faculty

Even in a climate of increased cooperation among regulatory authorities, jurisdictional conflict remains a prominent aspect of cross-border antitrust regulation. Much of this conflict is generated by private litigation - that is, lawsuits initiated under U.S. antitrust law by private attorneys general rather than by the government. This article examines two strands of jurisprudence relevant to the role of the private attorney general in cases with international aspects. First, it analyzes the cases, involving actions based on statutory violations of the antitrust laws, in which the extraterritorial reach of U.S. antitrust law has been delimited. It then turns to decisions …

Department Of Justice Antitrust Enforcement, 1955-1997: An Empirical Study, Kenneth G. Dau-Schmidt, Joseph C. Gallo, Joseph L. Craycraft, Charles J. Parker

Articles by Maurer Faculty

This is an empirical study of Department of Justice (DOJ) enforcement of the antitrust laws. Its purpose is fourfold:

1.To update Posner's study "A Statistical Study of Antitrust Enforcement" (Posner, 1970, pp. 365-419).

2.To provide consistent and comparable measures of antitrust enforcement effort by the Department of Justice.

3.To report these measurements in a concise and systematic way in order to encourage empirical studies of antitrust issues.

4.To explore some implications for antitrust issues.

The purpose is to present the overall historical record of DOJ antitrust activity as well as some patterns in that history. More detailed analysis is left …

Uneasy Labeling, Deborah A. Widiss

Articles by Maurer Faculty

No abstract provided.

Criminal Penalties Under The Sherman Act: A Study Of Law And Economics, Kenneth G. Dau-Schmidt, Joseph Gallo, Charles Parker, Joseph Craycraft

Articles by Maurer Faculty

This paper presents an empirical analysis of criminal antitrust prosecutions undertaken by the Department of Justice during the period 1955-1993. The authors report data on the number of criminal cases, the type of offense alleged, whether the defendants were individuals or firms, the position individual defendants held in their firm, the Department of Justice's won/lost record and the nature and amount of any sanctions imposed. A brief discussion of whether the reported sanctions have been adequate to promote efficient deterrence is also presented.

A Redrafted Section I Of The Sherman Act, Robert H. Heidt

Articles by Maurer Faculty

No abstract provided.

Sentencing Antitrust Offenders: Reconciling Economic Theory With Legal Theory, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

This Article evaluates two different economic models of criminal law as applied to the enforcement of antitrust laws. The author argues that economic models which propose antitrust punishment be limited to fines and then to fines that are levied against only business entities, are deficient because they account for only the general deterrent effect of punishment and include a value of criminal benefit for the offender, a value not shared by society. He presents, as an alternative, a model that accounts for benefits afforded by incarceration such as the signaling of what is a criminal offense, changes in the criminal's …

Speculations On The Role Of Context In Boycott Cases, Robert H. Heidt

Articles by Maurer Faculty

No abstract provided.

Consumer Actions Against Unfair Or Deceptive Acts Or Practices: The Private Uses Of Federal Trade Commission Jurisprudence, Marshall A. Leaffer, Michael H. Lipson

Articles by Maurer Faculty

No abstract provided.

Limiting Conglomerate Mergers: The Need For Legislation, Joseph F. Brodley

Articles by Maurer Faculty

No abstract provided.

Joint Ventures And The Justice Department's Antitrust Guide For International Operations, Joseph F. Brodley

Articles by Maurer Faculty

No abstract provided.

Potential Competition Mergers: A Structural Synthesis, Joseph F. Brodley

Articles by Maurer Faculty

No abstract provided.

The Legal Status Of Joint Ventures Under The Antitrust Laws: A Summary Assessment, Joseph F. Brodley

Articles by Maurer Faculty

No abstract provided.

Book Review. Cases And Materials On The Regulation Of International Trade And Investment By C. H. Fulda And W. F. Schwartz, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.

Shipping Regulation And The Federal Maritime Commission, Pt. Ii, James S. Gordon

Articles by Maurer Faculty

No abstract provided.

Book Review. The Prohibition Of Combination Of Enterprises In The Law Of The European Economic Community By S. A. Matallinos, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.

Shipping Regulation And The Federal Maritime Commission, Pt. I, James S. Gordon

Articles by Maurer Faculty

No abstract provided.

Oligopoly Power Under The Sherman And Clayton Acts -- From Economic Theory To Legal Policy, Joseph F. Brodley

Articles by Maurer Faculty

No abstract provided.

An Experiment In Preventive Anti-Trust: Judicial Regulation Of The Motion Picture Exhibition Market Under The Paramount Decrees, James S. Gordon

Articles by Maurer Faculty

No abstract provided.

Horizontal And Vertical Restraints Of Trade: The Legality Of Motion Picture Splits Under The Antitrust Laws, James S. Gordon

Articles by Maurer Faculty

No abstract provided.

Developments In Anti-Combines Administration, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.

Book Review. Kaysen, C. And Turner, D.F., Antitrust Policy: An Economic And Legal Analysis, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.