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Antitrust and Trade Regulation

Washington and Lee University School of Law

Washington and Lee Law Review Online

Journal

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Full-Text Articles in Law

A Tale Of Two Regulators: Antitrust Implications Of Progressive Decentralization In Blockchain Platforms, Evan Miller Mar 2021

A Tale Of Two Regulators: Antitrust Implications Of Progressive Decentralization In Blockchain Platforms, Evan Miller

Washington and Lee Law Review Online

Competition regulators have identified the potential for blockchain technology to disrupt traditional sponsor-led platforms, like app stores, that have received increased antitrust scrutiny. Enforcement actions by securities regulators, however, have forced blockchain-based platforms to adopt a strategy of progressive decentralization, delaying decentralization objectives in favor of the centralized model that competition regulators hope they will disrupt. This regulatory tension, and the implications for blockchain’s procompetitive potential, have yet to be explored. This Article first identifies the origin of this tension and its consequences through a competition law lens, and then recommends that competition regulators account for this tension in monitoring …


In Defense Of Sports Antitrust Law: A Response To Law Review Articles Calling For The Administrative Regulation Of Commercial Sports, Marc Edelman Sep 2015

In Defense Of Sports Antitrust Law: A Response To Law Review Articles Calling For The Administrative Regulation Of Commercial Sports, Marc Edelman

Washington and Lee Law Review Online

In recent years, two law review articles have proposed that the United States regulate commercial sports through a direct federal commission, rather than through traditional antitrust remedies. Nevertheless, the practical realities of commercial sports’ power to influence government policy offset the many theoretical advantages to creating a specialized regulatory body to oversee commercial sports. The commercial sports industry already possesses an extraordinarily strong lobbying arm that has successfully lobbied for special legislation, such as the Sports Broadcasting Act of 1961 and the Professional and Amateur Sports Protection Act of 1992. If commercial sports ever were to become administratively regulated, sports …


Is It Time To Give Up On Antitrust Law For Pro Sports?, Geoffrey Rapp Sep 2015

Is It Time To Give Up On Antitrust Law For Pro Sports?, Geoffrey Rapp

Washington and Lee Law Review Online

Professor Nathaniel Grow has produced a creative, thoroughly researched piece arguing that antitrust has failed in the context of professional sports and calling for the creation of a national-level federal regulatory agency to address anticompetitive conduct by the major leagues. I respond to his diagnosis of antitrust’s failings and to his prescription.