Law Commons^™

Anticonsumer Effects Of Union Mergers: An Antiitrust Solution, Robert H. Lande, Richard O. Zerbe Jr.

All Faculty Scholarship

Should unions and corporations be treated identically under the antitrust laws? This article explores this provocative question by examining whether union mergers should be subject to the antitrust laws. Currently unions and corporations are treated very differently. Large corporate mergers are blocked if their effect "may be substantially to lessen competition, or to tend to create a monopoly". They are permitted if they are likely to be benign, procompetitive, or proconsumer.

Collective bargaining, by contrast, enjoys a broad exemption from the antitrust laws. If they follow appropriate procedures, unions - even unions that, when taken together, cover all workers within …

Reverse Engineering Of Computer Software And U.S. Antitrust Law, Robert H. Lande, Sturgis M. Sobin

All Faculty Scholarship

This article explores when efforts by firms to restrict reverse engineering of their software, and corresponding agreements by other firms not to reverse engineer this software, could raise significant antitrust issues.

This article provides an overview of how the laws prohibiting certain acts of monopolization, attempted monopolization, refusals to deal, and tying might apply to restrictions and agreements concerning the reverse engineering of computer software. As a necessary predicate to this analysis, the article first briefly describes the contours of intellectual property protection for software, including the fair use and the copyright misuse doctrines.

The United States Implementing Legislation Of The Uruguay Round Agreement On Antidumping: Its Problems And Effects On The Bilateral Trade Relation Between The United States And Korea, Changdong Shin

LLM Theses and Essays

Antidumping laws were designed to protect domestic industries from unfair predatory price discrimination from foreign companies, yet these laws are often alleged to be used to protect domestic industries from competition. The U.S. has not been a stranger to these accusations since the 1980s as the U.S.’s trade deficit grew. The Uruguay Round negotiations were aimed at ending this protectionist use of antidumping laws, but many issues were left unsettled by the Uruguay Round antidumping agreement. In particular, interpretation of the agreement is deferred to each country primarily. Thus, the Dispute Settlement Body of the WTO can only determine a …

Global Technological Integration, Intellectual Property Rights, And Competition Law: Some Introductory Comments, David J. Gerber

All Faculty Scholarship

No abstract provided.

International Trade And Competition Law In Japan, David J. Gerber

All Faculty Scholarship

No abstract provided.

The Implications Of The New Regime For Global Competition Policy: Intellectual Property Rights, Economic Power, And Global Technological Integration, David J. Gerber

All Faculty Scholarship

No abstract provided.

Identifying Horizontal Price Fixing In The Electronic Marketplace, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Vertical Restraints With Horizontal Consequences: Competitive Effects Of Most-Favored-Customer Clauses, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Antitrust Balancing In A (Near) Coasean World: The Case Of Franchise Tying Contracts, Alan J. Meese

Faculty Publications

No abstract provided.

Innovations In Antitrust Enforcement, George A. Hay

Cornell Law Faculty Publications

Each antitrust administration, both at the Department of Justice and the Federal Trade Commission, has its theme—one or a few areas of antitrust enforcement that it wants to pay particular attention to and in that way be identified with. And, as part of this emphasis, administrations often seek to innovate in some way or another, to do something different, or in a different way than previous administrations.

One factor stimulating innovation in antitrust enforcement is simply that new people with new ideas come into a new job. Sometimes those new people bring with them ideas that they had been developing …

Regulating The Regulators, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

Since the 1970s, there has been a tremendous growth in government regulation pertaining to risk and the environment. These efforts have emerged quite legitimately because market processes alone cannot fully address risk-related concerns.' Without some kind of regulation or liability, for example, firms lack appropriate incentives to restrict their pollution. Similarly, when products or activities are extremely risky, if people are not cognizant of the risks they face, the firms generating the hazards may not have adequate incentives to issue warnings. To solve these problems, regulatory agencies have mounted a wide variety of efforts to improve the quality of the …