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Full-Text Articles in Law
Exclusionary Conduct In Antitrust, Elyse Dorsey, Jonathan M. Jacobson
Exclusionary Conduct In Antitrust, Elyse Dorsey, Jonathan M. Jacobson
St. John's Law Review
(Excerpt)
American society has a long history of encouraging competition and a long history of abhorring monopoly. Often those two goals are complementary, but not always. What happens if a company competes so aggressively that it wipes out its competitors and gets a monopoly? Is that good or bad? The easy answer is that normal competition is fine, but unfair or predatory competition is not. But that easy answer is not particularly helpful. It is often very hard to distinguish the good from the bad. Low prices are good, right? But what if they are below cost so that rivals …
Into The Amazon: Clarity And Transparency In Ftc Section 5 Merger Doctrine, Christina C. Ma
Into The Amazon: Clarity And Transparency In Ftc Section 5 Merger Doctrine, Christina C. Ma
St. John's Law Review
(Excerpt)
Part I of this Article provides a description of the enforcement procedures available to the DOJ and the FTC and of the existing standards guiding enforcement. Part II discusses how agency settlements and greater court deference to the agencies has changed the landscape of merger enforcement, raising transparency and accountability concerns. These concerns are magnified within the FTC because of its administrative proceeding and section 5 powers, ultimately providing the FTC with greater opportunity to shape merger law. Despite the expansive discretion available to the FTC, section 5 case law is sparse. Part III tracks early attempts to broaden …