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Full-Text Articles in Law
Antitrust Statements Of Interest, Christine P. Bartholomew
Antitrust Statements Of Interest, Christine P. Bartholomew
Journal Articles
28 U.S.C. § 517 allows the Department of Justice (DOJ) to file a statement addressing a governmental interest in any pending suit. This procedural tool laid dormant for decades, utilized sparingly in litigation involving foreign sovereigns. In the 1960s, the government expanded its use to aid in developing civil rights. In 2009, the DOJ deployed Section 517 in a new arena: antitrust. Since then, each administration has followed suit. Though initially criticized, these statements now draw praise from antitrust scholars as a cost effective means for DOJ advocacy. This Article challenges these accolades. Its foundation is an analytical assessment of …
Conflict Of Laws? Tensions Between Antitrust And Labor Law, Matthew Dimick
Conflict Of Laws? Tensions Between Antitrust And Labor Law, Matthew Dimick
Journal Articles
Not long ago, economists denied the existence of monopsony in labor markets. Today, scholars are talking about using antitrust law to counter employer wage-setting power. While concerns about inequality, stagnant wages, and excessive firm power are certainly to be welcomed, this sudden about-face in theory, evidence, and policy runs the risk of overlooking some important concerns. The purpose of this Essay is to address these concerns and, more critically, to discuss some tensions between antitrust and labor law, a more traditional method for regulating labor markets. Part I addresses a question raised in the very recent literature, about why antitrust …
Antitrust Class Actions In The Wake Of Procedural Reform, Christine P. Bartholomew
Antitrust Class Actions In The Wake Of Procedural Reform, Christine P. Bartholomew
Journal Articles
What is the current vitality of antitrust enforcement? Antitrust class actions—the primary mode of competition oversight—has weathered two decades of procedural reform. This Article documents the effects of those reforms. Relying on an original dataset of over 1300 antitrust class action settlements, this Article finds such cases alive but far from well. Certain suits do succeed on an impressive scale, returning billions of dollars to victims. But class action reform has made antitrust enforcement narrower, more time-consuming, and costlier than only a decade ago. And, as this Article’s sources reveal, new battle lines are forming. Across the political spectrum, people …
The Failed Superiority Experiment, Christine P. Bartholomew
The Failed Superiority Experiment, Christine P. Bartholomew
Journal Articles
Federal law requires a class action be “superior to alternative methods for fairly and efficiently adjudicating the controversy.” This superiority requirement has gone unstudied, despite existing for half a century. This Article undertakes a comprehensive review of the superiority case law. It reveals a jurisprudence riddled with inconsistency as courts adopt diametrically opposed interpretations of the requirement. Originally crafted to encourage predictable, consistent class action decisions, superiority has mutated over the years into a dangerous wild card—subjectively used to stymie aggregate litigation. The solution is not adding a new requirement to the already onerous rules for class certification. Instead, judges …
Death By Daubert: The Continued Attack On Private Antitrust, Christine P. Bartholomew
Death By Daubert: The Continued Attack On Private Antitrust, Christine P. Bartholomew
Journal Articles
In 2011, with five words of dicta, the Supreme Court opened Pandora’s box for private antitrust enforcement. By suggesting trial courts must evaluate the admissibility of expert testimony at class certification, the Court placed a significant obstacle in the path of antitrust class actions. Following the Supreme Court’s lead, most courts now permit parties to bring expert challenges far earlier than the traditional summary judgment or pretrial timing. Premature rejection of expert testimony dooms budding private antitrust suits — cases that play an essential role in modern antitrust enforcement. The dangers for private antitrust plaintiffs are compounded by the Court’s …
Efficiency And Image: Advertising As An Antitrust Issue, Elizabeth B. Mensch, Alan David Freeman
Efficiency And Image: Advertising As An Antitrust Issue, Elizabeth B. Mensch, Alan David Freeman
Journal Articles
No abstract provided.