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Full-Text Articles in Law

Addressing Big Tech’S Market Power: A Comparative Institutional Approach, Thomas A. Lambert Jan 2022

Addressing Big Tech’S Market Power: A Comparative Institutional Approach, Thomas A. Lambert

SMU Law Review

This Article provides a comparative institutional analysis of the three leading approaches to addressing the market power of large digital platforms: (1) traditional antitrust law, the approach thus far taken in the United States; (2) ex ante conduct rules, the approach embraced by the European Union’s Digital Markets Act and several bills under consideration in the U.S. Congress; and (3) ongoing agency oversight, the approach embraced by the United Kingdom with its newly established “Digital Markets Unit.” After identifying the general advantages and disadvantages of each approach, the Article examines how they are likely to play out in the context …


Moving The Goalposts: Why Congress Should Consider Extending The Nfl’S Antitrust Exemption To The Directv Sunday Ticket Package, Jack Milligan Jan 2020

Moving The Goalposts: Why Congress Should Consider Extending The Nfl’S Antitrust Exemption To The Directv Sunday Ticket Package, Jack Milligan

SMU Law Review

No abstract provided.


Why Do Bad Antitrust Decisions Sometimes Make Good Law? The Alcoa And Brown Shoe Examples, C. Paul Rogers Iii Jan 2018

Why Do Bad Antitrust Decisions Sometimes Make Good Law? The Alcoa And Brown Shoe Examples, C. Paul Rogers Iii

SMU Law Review

Do bad antitrust decisions, as based on their facts, sometimes make good law? That is, do wrongly decided antitrust cases, when considered on their merits, sometimes have a lasting impact on the law even though the decision by most accounts should simply be overruled? If so, why do cases in such disrepute on their merits have such staying power, particularly when so much early antitrust precedent is simply ignored today? The Author examines two cases, United States v. Aluminum Co. of America (Alcoa) and Brown Shoe Co. v. United States, as examples of this phenomenon.