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Articles 1 - 30 of 35
Full-Text Articles in Law
Controlling The Competitor Plaintiff In Antitrust Litigation, William H. Page, Roger D. Blair
Controlling The Competitor Plaintiff In Antitrust Litigation, William H. Page, Roger D. Blair
Michigan Law Review
In Misuse of the Antitrust Laws: The Competitor Plaintiff, Edward Snyder and Thomas Kauper survey a sample of private antitrust cases from the period 1973-1983 and review critically the recent economic literature on raising rivals' costs as an exclusionary practice.
Much in Snyder and Kauper's study is worthy of comment. They have given us a useful picture of private antitrust litigation during the period covered by the sample, one that may be more accurate than a reading of reported cases from that period would suggest. Moreover, their generally critical treatment of the literature on raising rivals' costs is clear …
Oksanen V. Page Memorial Hospital: The Fourth Circuit's Antitrust Analysis For Peer Review Actions Under The Sherman Act, Christopher Laurent
Oksanen V. Page Memorial Hospital: The Fourth Circuit's Antitrust Analysis For Peer Review Actions Under The Sherman Act, Christopher Laurent
Brigham Young University Journal of Public Law
No abstract provided.
Antitrust, Carl W. Mullis Iii
Antitrust, Carl W. Mullis Iii
Mercer Law Review
In 1991, the Eleventh Circuit ruled on eight full-blown federal antitrust decisions. Although the courts below found for defendants in each of these cases, the Eleventh Circuit found primarily for plaintiffs in three of the cases, for defendants in four of the cases, and for both plaintiffs and defendants in one case. Several of the cases are significant in that they either explore new areas in the antitrust law or have the potential for nationwide influence. Most of the cases simply build on previous holdings of the Eleventh Circuit and are well reasoned. One or two cases, however, contain some …
An Antitrust Solution To The New Wave Of Predatory Patent Infringement Litigation, Michael Paul Chu
An Antitrust Solution To The New Wave Of Predatory Patent Infringement Litigation, Michael Paul Chu
William & Mary Law Review
No abstract provided.
Scholarship Of The Absurd: Bob Bork Meets The Bald Soprano, Alex Kozinski
Scholarship Of The Absurd: Bob Bork Meets The Bald Soprano, Alex Kozinski
Michigan Law Review
A Review of Antitrust Economics on Trial: A Dialogue on the New Laissez-Faire by Walter Adams and James W. Brock
Countervailing Power—Different Rules For Different Markets? Conduct And Context In Antitrust Law And Economics, Barbara Ann White
Countervailing Power—Different Rules For Different Markets? Conduct And Context In Antitrust Law And Economics, Barbara Ann White
All Faculty Scholarship
The focus of modern applications of economic reasoning to antitrust concerns has been on the more subtle efficiency or procompetitive dimensions of the scrutinized conduct. When any of these characteristics are discovered, the courts tend to find no antitrust violation.
Two major difficulties arise with this approach. First, efficiency or procompetitive aspects can almost always be uncovered in any corporate enterprise, creating the potential for legitimizing almost all business behavior. Second, the legal conclusions courts reach are typically couched in terms of the business practice itself; therefore, once upheld, that practice is implicitly validated for other unrelated marketplace scenarios. Indiscriminate …
Corporate Law Through An Antitrust Lens, Edward B. Rock
Corporate Law Through An Antitrust Lens, Edward B. Rock
All Faculty Scholarship
No abstract provided.
Two Minute Warning: The Time To Settle The Nfl Free Agency Dispute Is Now, Walter J. Godlewski, Iii
Two Minute Warning: The Time To Settle The Nfl Free Agency Dispute Is Now, Walter J. Godlewski, Iii
Washington and Lee Law Review
No abstract provided.
Airlines, Airports And Antitrust: A Proposed Strategy For Enhanced Competition, Robert M. Hardaway, Paul Stephen Dempsey
Airlines, Airports And Antitrust: A Proposed Strategy For Enhanced Competition, Robert M. Hardaway, Paul Stephen Dempsey
Sturm College of Law: Faculty Scholarship
Most of this country's major airports are monopolies or duopolies at which one or two dominant carriers control a high percentage of terminal facilities. Airlines have used this market power to raise fares on flights originating and terminating at such airports. Although this power has been gained in part through the process of buy-outs and mergers in the airline industry itself, it has also been gained through actions taken in concert with airport authorities, such as when agreements are entered into that effectively limit the availability of airport facilities to new entrants and other competitors. Airlines, by virtue of rights …
Aviation Law And Regulation, Robert M. Hardaway, Paul Stephen Dempsey, William E. Thoms
Aviation Law And Regulation, Robert M. Hardaway, Paul Stephen Dempsey, William E. Thoms
Sturm College of Law: Faculty Scholarship
We sought to write a comprehensive reference book for aviation lawyers and practitioners, and airline and aircraft manufactuing executives in need of vital information regarding law and government regulation in the field of commercial and general aviation. We envision this book as an aid for the neophyte and experienced practitioner alike.
A Review Of Taiwan’S Fair Trade Law Draft By Referring To The U.S. Antitrust Laws, Min-Huang Su
A Review Of Taiwan’S Fair Trade Law Draft By Referring To The U.S. Antitrust Laws, Min-Huang Su
LLM Theses and Essays
Due to the rapid industrialization and commercialization of Taiwan’s economy, many of Taiwan’s old laws regulating economic activity have been rendered obsolete. The lack of proper regulation of modern economic activities has led to the formation of many monopolies and oligopolies in Taiwan which practice price-fixing and output restrictions. The Taiwanese government has responded to this problem with a new antitrust statute, known as the Fair Trade Law (FTL), and a draft FTL was formally adopted in 1986. The strengths and weaknesses of the draft FTL are analyzed with regards to monopolies and oligopolies, mergers and combinations, and concerted actions. …
Approach To Horizontal Restraint: Reliance On Exemption From Antimonopoly Act In Japan As Contrasted With Antitrust Laws In The United States, Yutaka Sumii
LLM Theses and Essays
American politicians and businessmen have criticized the Antimonopoly Act, Japanese antitrust legislation, for allowing horizontal restraints on trade known as cartels. This paper compares and contrasts U.S. antitrust laws with regards to horizontal restrains on trade from that of Japan. A highlighted difference between U.S. and Japanese antitrust legislation is the use of exemptions. The Antimonopoly Act provides for more exemptions immunizing a cartel, such as exceptions for cartels formed during a depression or when the defendants have little market power, than does similar legislation in the U.S. To illustrate how the exemption for cartels in a depressed industry applies …
Integration, Disintegration And The Protection Of Competition: Of Myths, Stories And Images, David J. Gerber
Integration, Disintegration And The Protection Of Competition: Of Myths, Stories And Images, David J. Gerber
All Faculty Scholarship
No abstract provided.
The Origins Of The European Competition Law Tradition In Fin-De-Siecle Austria, David J. Gerber
The Origins Of The European Competition Law Tradition In Fin-De-Siecle Austria, David J. Gerber
All Faculty Scholarship
No abstract provided.
Observations: Sylvania In Retrospect, George A. Hay
Observations: Sylvania In Retrospect, George A. Hay
Cornell Law Faculty Publications
No abstract provided.
Market Power In Antitrust, George A. Hay
Market Power In Antitrust, George A. Hay
Cornell Law Faculty Publications
The concept of market power is at the core of antitrust. Philosophically, antitrust policy is aimed primarily at preventing firms from achieving, retaining, or abusing market power. Operationally, assessing whether a firm or firms have market power or any reasonable prospect for achieving it is often the first (and sometimes, the only) step in performing an antitrust analysis.
Few would dispute that market power should play a prominent role in antitrust analysis. Nevertheless, important questions remain. Some of these questions quite naturally focus on the precise degree of importance given to market power. Is it an essential ingredient in antitrust …
The 1990-91 Supreme Court Term And Antitrust: Toward Greater Certainty, Stephen Calkins
The 1990-91 Supreme Court Term And Antitrust: Toward Greater Certainty, Stephen Calkins
Law Faculty Research Publications
No abstract provided.
The Perilous Process Of Protecting Process Patents From Infringing Importations, 14 Loy. L.A. Int'l & Comp. L.J. 207 (1992), Mark E. Wojcik
The Perilous Process Of Protecting Process Patents From Infringing Importations, 14 Loy. L.A. Int'l & Comp. L.J. 207 (1992), Mark E. Wojcik
UIC Law Open Access Faculty Scholarship
No abstract provided.
Litigation As A Predatory Practice, Gary Myers
Litigation As A Predatory Practice, Gary Myers
Faculty Publications
This article reviews and evaluates the sham litigation case law, finding that many courts have allowed immunity too readily or on inappropriate grounds. It attempts to develop comprehensive standards for antitrust claims based on sham litigation.
Vertical Maximum Price Fixing: In Defense Of Albrecht, Mark E. Roszkowski
Vertical Maximum Price Fixing: In Defense Of Albrecht, Mark E. Roszkowski
Loyola University Chicago Law Journal
No abstract provided.
Antitrust - Third Circuit Addresses Adequacy Of Pleading To Establish Subject Matter Jurisdiction Under Sherman Act, Nina Amster
Antitrust - Third Circuit Addresses Adequacy Of Pleading To Establish Subject Matter Jurisdiction Under Sherman Act, Nina Amster
Villanova Law Review
No abstract provided.
When First Amendment Values And Competition Policy Collide: Resolving The Dilemma Of Mixed-Motive Boycotts, Kay P. Kindred
When First Amendment Values And Competition Policy Collide: Resolving The Dilemma Of Mixed-Motive Boycotts, Kay P. Kindred
Faculty Publications
No abstract provided.
When First Amendment Values And Competition Policy Collide: Resolving The Dilemma Of Mixed-Motive Boycotts, Kay P. Kindred
When First Amendment Values And Competition Policy Collide: Resolving The Dilemma Of Mixed-Motive Boycotts, Kay P. Kindred
Scholarly Works
In a representative democracy, government must protect the rights of its citizens to express ideas, to voice grievances, and to seek to influence government. The first Amendment safeguards these fundamental political rights from government intrusion. In a free market economy, government must protect trade and commerce from activities and influences that lead to increased concentrations of economic power or that otherwise tend to restrain competition. The antitrust laws, specifically the Sherman Act, seek to safeguard the competitive process from restrictive trade practices. Conflict arises when efforts to influence government threaten to undermine competition.
Nowhere is the clash between First Amendment …
Entry Analysis Under The 1992 Horizontal Merger Guidelines, Jonathan Baker
Entry Analysis Under The 1992 Horizontal Merger Guidelines, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Empirical Methods Of Identifying And Measuring Market Power, Jonathan Baker
Empirical Methods Of Identifying And Measuring Market Power, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski
Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski
University of Richmond Law Review
Continuing in a groove well worn by decisions rendered over the last several years, Virginia's federal courts have, over the past year, continued to demonstrate a measure of hostility toward antitrust conspiracy claims by regularly disposing of fully-discovered conspiracy claims through summary adjudication. Plaintiffs' conspiracy claims in the health care context have fared especially poorly.
Awarding Punitive Damages In Securities Industry Arbitration: Working For A Just Result, Anthony Michael Sabino
Awarding Punitive Damages In Securities Industry Arbitration: Working For A Just Result, Anthony Michael Sabino
University of Richmond Law Review
It is often said that the business of America is business, and probably the best exemplifications of that old truism are the nation's stock exchanges. To be sure, not only stock, but bonds, options, commodities, futures, and a whole plethora of instruments are traded daily in exchanges large and small, in a seamless web straddling the country, if not the world.
The Impact Of Eec Competition Law On The Music Industry, Frank L. Fine
The Impact Of Eec Competition Law On The Music Industry, Frank L. Fine
Northwestern Journal of International Law & Business
The purpose of this article is to examine the relevance of EEC competition law (or antitrust law as it is known in the United States) to the music industry. EEC antitrust cases concerning other media, such as satellite broadcasting, are discussed to the extent that they are relevant. It will be shown that EEC antitrust law has a pervasive effect on the music industry and will play an important role as the industry exploits the EEC market.