Law Commons^™

Virtual Constitutions: The Creation Of Rules For Governing Private Networks, Michael I. Meyerson

All Faculty Scholarship

This article discusses the legal issues involving the owners of private computer networks. These issues include public/private network distinctions, First Amendment free speech issues, liability for computer network owners for improper speech posted on their networks, and anti-trust questions. The article analyzes the complexities that result from different forms of network ownership and the relationship of such networks to governmental entities.

Beyond Chicago: Will Activist Antitrust Arise Again?, Robert H. Lande

All Faculty Scholarship

There is no need to document the revolution in antitrust that occurred in large part as a result of the rise of the Chicago school of antitrust and the Republicans' 1980 election victory. Now that the Democrats are back in office a natural question arises: Will there be a counterrevolution? What are the chances of significantly more aggressive antitrust in the near future?

Authority, Community And The Civil Law Commentary: An Example From German Competition Law, David J. Gerber

All Faculty Scholarship

No abstract provided.

Constitutionalizing The Economy: German Neo-Liberalism, Competition Law And The "New" Europe, David J. Gerber

All Faculty Scholarship

No abstract provided.

Prometheus Born: Shaping The Relationship Between Law And Economic Conduct, David J. Gerber

All Faculty Scholarship

No abstract provided.

The Transformation Of European Community Competition Law, David J. Gerber

All Faculty Scholarship

No abstract provided.

The October 1992 Supreme Court Term And Antitrust: More Objectivity Than Ever, Stephen Calkins

Law Faculty Research Publications

Time and again the Rehnquist Court has favored antitrust certainty. When faced with a choice between achieving individualized justice and adhering to relatively clear, generalized rules, it has usually chosen the latter. The certainty of objective evidence has been preferred to the more customized resort to subjective evidence.

This pattern continued during the 1992-93 term. Perceived objectivity through generalized rules triumphed in the term's four antitrust cases, Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc., Spectrum Sports, Inc. v. McQuillan, Hartford Fire Insurance Co. v. California, and Brooke Group Ltd. v. Brown & Williamson Tobacco …

The "Duty To Deal" Under Section 46: Panacea Or Pandora's Box?, George A. Hay, Kathryn Mcmahon

Cornell Law Faculty Publications

The privatisation and restructuring of public monopolies and the deregulation of other essential services in Australia and other countries have focused attention on the need for rules which can foster competition and efficiency in the resulting markets. Australia, of course, already has the Trade Practices Act 1974 (Cth) (the "Act"), and the question that has been raised is whether the Act is adequate to deal with the kind of competitive problems that are likely to arise in such markets. Of particular concern is the situation in which a firm controls the supply of an input that is critical in the …

Managed Competition, Integrated Delivery Systems And Antitrust, Thomas L. Greaney

All Faculty Scholarship

A central question confronting proponents of managed competition during the health reform debate in 1994 was whether competitive networks or integrated delivery systems would emerge. Under reformers’ vision, controlling costs depended on the emergence of a sufficient number of efficient and viable integrated delivery systems. Conversely, if one or a few integrated networks dominate the market for physician or hospital services, rivalry on the main issues of health care cost control would likely dissipate. This article argues that vigilant and sensible antitrust enforcement was also a prerequisite for the success of the managed competition model. Despite the considerable emphasis on …

Over Forty Years In The On-Deck Circle: Congress And The Baseball Antitrust Exemption, Ed Edmonds

Journal Articles

"Congressional discussion of baseball's antitrust exemption stretches over forty years involving a significant number of legislative initiatives. Although the exemption is a judicial aberration without justification, the 103d Congress will probably be no more successful than its predecessors in altering its long-standing existence. The three bills under consideration are not specifically crafted to resolve the problems of the changes in the commissioner's office or the lack of an expansion franchise or the relocation of an existing franchise to the Tampa-St. Petersburg area. Much of the history of Congressional concern over baseball's antitrust status suggests that broad-based attempts to completely remove …

Predatory Pricing After Brooke Group: An Economic Perspective, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

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.

Product Definition, Product Information, And Market Power: Kodak In Perspective, Mark R. Patterson

Faculty Scholarship

In Eastman Kodak Co. v. Image Technical Services, Inc., product information, market costs, market information the United States Supreme Court held that market power sufficient to impose an illegal tying arrangement can, at least in theory, derive from buyers' uncertainty regarding a product's costs and quality. Although commentators disagree on the implications of the Kodak decision, all seem to agree that the opinion's emphasis on product information costs is a departure from previously accepted economic analysis of antitrust law. In this Article, Mark R. Patterson argues that the Kodak decision is, in fact, economically reasonable, incorporating into antitrust law previously …

The World Trading System, Jagdish N. Bhagwati

Faculty Scholarship

The Uruguay Round is closing this week after a marathon of negotiations stretching well over seven years; so the timing of this panel is exquisite, from my viewpoint. The ceremony, besides, is in Marrakech, an exotic place that sets our minds racing with thoughts of "Casablanca," Humphrey Bogart and Ingrid Bergman. Indeed, one can imagine a movie being made of this historic occasion that will transform the General Agreement on Tariffs and Trade (GAIT) into the World Trade Organization (WTO), with Peter Ustinov cast as Peter Sutherland, the brilliant and portly new director general of the GAIT who finally brought …

"In The Twinkling Of An Eye": A Proporsal For The Standard Of Legality To Be Applied In Hospital Staff Privileges Cases, Sarah Bartholomew Ellerbee

LLM Theses and Essays

This paper addresses one of the most troublesome aspects of antitrust jurisprudence. What standard of legality governs cases dealing with medical staff privileges decisions? Heretofore, it was generally thought that only two options existed. The most frequently used standard of legality for this type of case is the rule of reason. In using this analysis, the court looks at the restraint of trade of the reasonableness of its nature, and its purpose and effect. The pro-competitive aspects of the conduct are weighed against the restraints that the conduct imposes on the competition. In health care cases, courts have looked at …

Three Visions Of Managed Competition, 1920-1950, Rudolph J.R. Peritz

Articles & Chapters

No abstract provided.

Three Visions Of Managed Competition, 1920-1950, Rudolph J.R. Peritz

Articles & Chapters

No abstract provided.