Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 9 of 9
Full-Text Articles in Law
Player Restraints And Competition Law Throughout The World, Stephen Ross
Player Restraints And Competition Law Throughout The World, Stephen Ross
Stephen F Ross
This article reviews agreements among clubs participating in league sports in many countries throughout the world that limit competition for the services of players. Under the English common law (which governs in most of the British commonwealth), the competition law provisions of the European Union's governing treaty, the American Sherman Act, and the Canadian Competition Act, the governing standard is quite similar. Player restraints cab only be justified if they are related to a legitimate purpose, which is usually defined as one that demonstrably improves the consumer appeal for the sporting competition. Moreover, and significantly, player restraints must be reasonably …
The Competing Approaches To The Foreign Trade Antitrust Improvements Act: A Fundamental Disagreement, Morgan Franz
The Competing Approaches To The Foreign Trade Antitrust Improvements Act: A Fundamental Disagreement, Morgan Franz
Pepperdine Law Review
This Comment explores the history and reasoning behind a recent reexamination of the FTAIA in light of Arbaugh v. Y & H Corp., examines both the propriety and the implications of the competing interpretations of the FTAIA, and argues that the resolution of the competing approaches is beyond the purview of the lower courts. Part II provides an overview of the extraterritorial reach of the Sherman Act leading up to the FTAIA, as well as the judicial treatment of the FTAIA prior to Arbaugh. Part III discusses the impact of Arbaugh and subsequent Supreme Court cases applying the “clearly states” …
The Law And Economics Of (Functional) Antitrust Standing In The United States And The European Union, Jeffrey L. Harrison
The Law And Economics Of (Functional) Antitrust Standing In The United States And The European Union, Jeffrey L. Harrison
UF Law Faculty Publications
To date, and despite pressures toward convergence, the United States and the European Union have taken different paths with respect to the enforcement of antitrust laws by private parties and, therefore, differ dramatically in levels of functional standing. U.S. law is more encouraging to private enforcement than E.U. law but has a narrower view of whom those private parties are permitted to be. In the European Union, the eligible parties are broad but the motivation of any single party to bring an action is quite low. In the United States, the substantive law and much of the procedural law flow …
Toward A Unified Theory Of Exclusionary Vertical Restraints, Daniel A. Crane, Graciela Miralles
Toward A Unified Theory Of Exclusionary Vertical Restraints, Daniel A. Crane, Graciela Miralles
Articles
The law of exclusionary vertical restraints-contractual or other business relationships between vertically related firms-is deeply confused and inconsistent in both the United States and the European Union. A variety of vertical practices, including predatory pricing, tying, exclusive dealing, price discrimination, and bundling, are treated very differently based on formalistic distinctions that bear no relationship to the practices' exclusionary potential. We propose a comprehensive, unified test for all exclusionary vertical restraints that centers on two factors: foreclosure and substantiality. We then assign economic content to these factors. A restraint forecloses if it denies equally efficient rivals a reasonable opportunity to make …
Patenting Standards - A Case For Us Antitrust Law Or A Call For Recognizing Immanent Public Policy Limitations To The Exploitation Rights Conferred By The Patent Act?, Apostolos Chronopoulos
Patenting Standards - A Case For Us Antitrust Law Or A Call For Recognizing Immanent Public Policy Limitations To The Exploitation Rights Conferred By The Patent Act?, Apostolos Chronopoulos
Apostolos Chronopoulos
This paper examines the adverse effect of patent ambushing on competitive conditions resulting in the distortion of the standardization process in markets where the effectiveness of competition relies heavily on standardization. The US Rambus litigation serves as a point of departure. In this case, the strategic behavior of the patentee was subjected to both an antitrust and unfair competition analysis. Both approaches display an inadequacy to squarely balance all of the conflicting interests involved. The solution proposed is to apply the patent misuse doctrine as a rule that expresses a public policy defense against patent enforcement so as to ensure …
Reconsidering The D.C. Circuit’S Proximate Cause Standard For Extraterrotorial Jurisdiction: Precluding The “Globalization” Theory To Promote Global Enforcement, Michelle A. Wyant
Reconsidering The D.C. Circuit’S Proximate Cause Standard For Extraterrotorial Jurisdiction: Precluding The “Globalization” Theory To Promote Global Enforcement, Michelle A. Wyant
Richmond Journal of Global Law & Business
As businesses expanded with the rise of globalization, so did the effects of anticompetitive activity and, in turn, the reach of the U.S. antitrust laws. Though Congress addressed the extraterritorial jurisdiction of the U.S. antitrust laws with its implementation of the Foreign Trade Antitrust Improvement Act (“FTAIA”), the statute only created a three-way circuit split that led the Supreme Court to address the issue and determine that the foreign injury must arise from both foreign anticompetitive activity and the activity’s adverse effects on domestic commerce. The D.C. Circuit further clarified the issue on remand by requiring a proximate cause relationship …
Player Restraints And Competition Law Throughout The World, Stephen F. Ross
Player Restraints And Competition Law Throughout The World, Stephen F. Ross
Journal Articles
This article reviews agreements among clubs participating in league sports in many countries throughout the world that limit competition for the services of players. Under the English common law (which governs in most of the British commonwealth), the competition law provisions of the European Union's governing treaty, the American Sherman Act, and the Canadian Competition Act, the governing standard is quite similar. Player restraints cab only be justified if they are related to a legitimate purpose, which is usually defined as one that demonstrably improves the consumer appeal for the sporting competition. Moreover, and significantly, player restraints must be reasonably …
Lectures On Federal Antitrust Laws, University Of Michigan Law School
Lectures On Federal Antitrust Laws, University Of Michigan Law School
Summer Institute on International and Comparative Law
The papers delivered at the 1953 Institute deal chiefly with current problems and policy questions under three major federal antitrust laws - the Sherman Act, the Federal Trade Commission Act, and the Clayton Act, including the Robinson-Patman Amendment. These statutes affect the daily operations of all sizes and types of American business. Judicial interpretations and the administration and enforcement of these laws involve both legal and economic criteria and tests of competition and monopoly. The Institute provided a forum for authoritative analysis of these aspects in order to create a better understanding of the antitrust laws as one of the …