Law Commons^™

Cable Television Regulation: Promoting Competition In A Rapidly Changing World, Edward J. Markey

Federal Communications Law Journal

No abstract provided.

Shifting Foundations: The Regulation Of Telecommunications In An Era Of Change, Andrew C. Barrett

Federal Communications Law Journal

The recent developments in the telecommunications industry represent to many the birth of the multimedia world of the future that will make available new interactive services, computer and voice applications, and programming choices. The advancements with wireless technology may also make personal communications services (PCS) a major competitor with the local telephone industry. The ramifications of these developments will depend heavily on the regulatory directions that the government selects. The Author, as Commissioner of the FCC, begins his discussion by analyzing the recent business mergers and the motivations behind them. He then reviews the 1992 Cable Act, suggesting that while …

The Cable-Telco Cross-Ownership Prohibition: First Amendment Infringement Through Obsolescence, Michael G. Oxley

Federal Communications Law Journal

Since 1970, the FCC has prohibited all telephone companies from providing video programming in their local service areas. The primary rationale behind this prohibition was to promote the cable industry. Since 1984, however, the cable industry has seen tremendous growth with very little competition. New technology and market demands have now necessitated a reevaluation of the ban on cable-telco cross-ownership. The Author argues that with the changes that have occurred in the marketplace, the ban is now both an invalid prior restraint and an infringement on commercial expression and thus a violation of the First Amendment rights of telephone companies. …

The Cable Act And Municipal Ownership: A Growing First Amendment Confrontation, Carl R. Ramey

Federal Communications Law Journal

In many communities across the nation cable subscribers depend on government-owned cable television systems for their communication services. This phenomenon may have started out to be fairly insignificant, but as a result of the cable explosion, government ownership of cable systems presents a threat to free expression. Governmental overbuilding and direct competition with private cable service providers have been the subject of unsuccessful First Amendment challenges. The threat of government control of cable systems, though, is potentially dramatic and poses serious First Amendment questions. The Author concludes that private ownership should be encouraged, and public ownership should only be allowed …

Reinventing Rate Regulation, Nicholas W. Allard

Federal Communications Law Journal

One of the fundamental purposes of the 1992 Cable Act was to bring about a reduction in consumer cable prices by eliminating the ability of cable companies to charge monopoly rates. While the goal may have been to decrease rates, complaints have poured into Congress claiming that since the passage of the Act, rates have actually increased. The Author explores the Act's goal of reintroducing effective competition while reregulating cable rates in the interim. He examines the details of the regulation and concludes by discussing the options that should be considered by Congress and the FCC when reevaluating the 1992 …

The Television Violence Act Of 1990: A New Program For Government Censorship?, Julia W. Schlegel

Federal Communications Law Journal

The Television Violence Act of 1990 is designed to encourage the networks, the cable industry, and independent stations to reduce the amount of violence currently shown on television. To accomplish this goal, the Act grants a three-year antitrust exemption to the television industry so that it may meet and develop joint standards aimed at reducing the amount of violence currently shown on television. The Act's sponsor, Senator Paul Simon, emphasized that the Act simply encouraged the broadcast industry to set standards; it did not require them to do so. However, in December 1992, when the television industry had still not …

Fraudulent Concealment, Self-Concealing Conspiracies, And The Clayton Act, Richard F. Schwed

Michigan Law Review

This Note argues that courts should apply a self-concealment standard to section 4B of the Clayton Act rather than require a showing of additional affirmative acts. Part I examines the history of the fraudulent concealment doctrine and its application to antitrust cases. It identifies three different standards used by courts to satisfy the concealment element and finds that courts apply the doctrine inconsistently. Part II analyzes the relationship between the fraudulent concealment doctrine and the self-concealment standard in antitrust cases by examining the judicial development of the doctrine and Congress' intent in enacting section 4B. Part II concludes that the …

Is The Glass Half-Empty Or Half-Full?: Reflections On The Kodak Case, George A. Hay

Cornell Law Faculty Publications

Antitrust, Michael Eric Ross

Mercer Law Review

The Eleventh Circuit handed down only two antitrust decisions in 1992. It was by far the lowest number of antitrust cases in any calendar year since the court was created in 1981. Nonetheless, both antitrust opinions last year were solidly reasoned and squarely in line with the current state of antitrust law.

Horizontal Mergers: Law, Policy, And Economics, George A. Hay, Gregory J. Werden

Cornell Law Faculty Publications

The legality of a horizontal merger under section 7 of the Clayton Act turns on a reckoning of its social costs and benefits. This paper reviews what economics has to say about that reckoning and explores the relationship between economic learning and merger law and policy.

Reforming Fcc Regulation Of Dominant Telephone Carriers: Putting Some Teeth Into The Test For Predation, Thomas K. Gump

University of Michigan Journal of Law Reform

This Note examines the ineffective protections against predatory pricing by AT&T contained in the price cap scheme. Part I outlines price cap regulation and explains how the FCC hopes that a test based on the average variable cost standard will detect predatory pricing. Part II argues that the FCC erred in adopting an average variable cost standard as the test for telecommunications predation because that standard ignores the high fixed costs common to all firms in the industry. Part II demonstrates that AT&T could engage in predatory pricing despite the protections contained in the regulatory scheme. Part II then examines …

Antitrust In A World Of Interrelated Economies: The Interplay Between Antitrust And Trade Policies In The Us And The Eec, Alyssa A. Grikscheit

Michigan Law Review

A Review of Antitrust In a World of Interrelated Economies: The Interplay Between Antitrust and Trade Policies in the US and the EEC by Mário Marques Mendes

The Struggle To "Green" G.A.T.T.: Free Trade And Environmental Responsibility In The Wake Of The United States-Mexico Tuna-Dolphin Dispute, Timothy Goplerud

William & Mary Environmental Law and Policy Review

No abstract provided.

Public Choice, Public Interest, And The Soft Drink Interbrand Competition Act: Time To Derail The "Root Beer Express"?, Allan W. Vestal

William & Mary Law Review

No abstract provided.

Transnational Production Joint Ventures And United States Antitrust Law: Evaluating The Proposed National Cooperative Production Amendments, Timothy K. Armstrong

Faculty Articles and Other Publications

The explosion of the United States trade deficit in the last decade or so has produced a bumper crop of self-appointed experts offering various cures for the competitive decline of key domestic industries. Among their less obvious diagnoses is that the United States government strangles domestic businesses through the antitrust laws, which forbid industrial cartels that might be better able to match the competitiveness of the Japanese. For good or ill, the Bush Administration has hewn a path fairly close to this corporatist orthodoxy, and Congress has also appeared willing to loosen the hold of antitrust laws on United States …

Chicago Takes It On The Chin: Imperfect Information Could Play A Crucial Role In The Post-Kodak World, Robert H. Lande

All Faculty Scholarship

This article briefly describes the revolutionary potential of the Supreme Court's Kodak decision. It discusses the dramatic changes in antitrust that would occur if the field took concepts such as imperfect information, lock-in effects, strategic behavior, and other post-Chicago ideas seriously.

Among the effects of this decision could be:

(1) Imperfect information could substitute for traditional market share-based market power and reveal that a market that structurally appeared competitive in fact was behaving anticompetitively. Market share-based safe harbors are more likely to be inappropriate.

(2) This imperfect information-based market power also can lead to relatively direct harm to consumers by …

Aviation Law And Regulation: Abridged Student Edition, 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.

The Learned Profession Exemption Of The North Carolina Deceptive Trade Practices Act: The Wrong Bright Line?, Debra D. Burke

Campbell Law Review

This article will examine the North Carolina statute and the soundness of this exemption.

The Antidumping Laws And Principles Under The Gatt: Protecting Protection, The “Dunkel Drafts” And After The Uruguay Round, Heejang Yoo

LLM Theses and Essays

The antidumping laws of the U.S., Canada, Australia, European countries, and other developing countries are seen as protectionist of those nation’s local industries at the expense of foreign exporters. The fact that foreign exporters cannot obtain a meaningful judicial review of these antidumping laws only compounds the matter. This thesis urges nations to adopt multilateral competition-oriented antidumping polices and to abandon producer-oriented protectionist laws. Even if the notion of trade liberalization has been discredited under the GATT, the author advocates a return to such a goal in the context of antidumping laws. In reaching this conclusion, this thesis analyzes current …

The Application Of U.S. Antidumping Law To The Imports From The People's Republic Of China: Review Of Evolution And Need For Revolution, Li Yang

LLM Theses and Essays

Despite the dramatic increase in trade between the U.S. and China since the normalization of relations between the countries in 1979, China is still confronted with U.S. laws that hinder trade. The most serious threat to Sino-U.S. trade is the U.S. antidumping law, which authorizes the imposition of a duty on imported merchandise that the Department of Commerce determines is sold at less than fair value, if the U.S. International Trade Commission determines the U.S. industry in that field is materially injured. This law and cases interpreting it are examined. With its low wage rate and lack of cost accounting, …

Heinrich Kronstein And The Development Of United States Antitrust Law, David J. Gerber

All Faculty Scholarship

No abstract provided.

China And Gatt: Accession Instead Of Resumption, Ya Qin

Law Faculty Research Publications

No abstract provided.

Supreme Court Antitrust 1991-92: The Revenge Of The Amici, Stephen Calkins

Law Faculty Research Publications

No abstract provided.

The Differing Treatment Of Efficiency And Competition In Antitrust And Tortious Interference Law, Gary Myers

Faculty Publications

During the last twenty years, there has been a revolution in antitrust law. As a result of extensive scholarly and judicial analysis, a new learning has developed concerning the content, role, and effect of antitrust doctrines. This trend has focused primarily on the primacy of consumer welfare and economic efficiency. Most commentators now assume that these two interrelated goals are the principal, if not exclusive, concerns of antitrust law. The United States Supreme Court has responded to these new approaches by modifying or altering antitrust law in a long series of cases. Similarly, the new learning has affected the focus …

Market Power Through Imperfect Information: The Staggering Implications Of Eastman Kodak Co. V. Image Technical Services And A Modest Proposal For Limiting Them, Michael S. Jacobs

Maryland Law Review

No abstract provided.

Are Antitrust "Treble" Damages Really Single Damages?, Robert H. Lande

All Faculty Scholarship

This Article will show that antitrust violations do not actually give rise to "treble" damages. When viewed correctly, antitrust damages awards are approximately equal to, or are in fact less than, the actual damages caused by antitrust violations.

The article demonstrates this by analyzing the relatively quantifiable harms from antitrust violations, modeling the issues under both deterrence and compensation frameworks. It calculates rough estimates of those factors that affect the magnitude of the antitrust damages multiplier actually awarded. These adjustments to the "treble" damages multiplier arise from: (1) the lack of prejudgment interest; (2) the effects of the statute of …

Understanding And Defending Against Medical Professional Peer Review Antitrust Claims, Daniel M. Warner

University of Baltimore Law Review

No abstract provided.

Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski, Francis H. Casola

University of Richmond Law Review

During the past year, Virginia's federal courts published surprisingly few antitrust opinions. These few opinions indicate fact-specific analysis and little significant development to the law. However, the decisions reflect the continued difficulties faced by private antitrust plaintiffs alleging conspiracy claims and criminal antitrust defendants prosecuted for conduct which is illegal per se. Antitrust plaintiffs, however, have enjoyed measured, if only temporary, success. For example, the United States Court of Appeals for the Fourth Circuit reversed a grant of summary judgment against a durable medical equipment company alleging monopolization claims against a hospital and its affiliated medical equipment company. In another …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

The False Duality Of Efficiency And Predation In The Analysis Of Monopolizing Conduct, Mark Anderson

Articles

No abstract provided.