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Full-Text Articles in Law
A Structuralist Approach To The Two State Action Doctrines, Justin Desautels-Stein
A Structuralist Approach To The Two State Action Doctrines, Justin Desautels-Stein
Publications
By all accounts, the constitutional and antitrust state-action doctrines are strangers. Courts and scholars see the constitutional state-action doctrine as about the applicability of constitutional rights in private disputes, and the antitrust state-action doctrine as a judicial negotiation between the scope of the Sherman Act and the demands of federalism. In this conventional view, the only thing the doctrines share in common is that they are both an awful mess. This Article challenges the conventional wisdom and argues that the two state-action doctrines are fundamentally connected, and when viewed in a certain light, not even that messy. It is not …
The Market As A Legal Concept, Justin Desautels-Stein
The Market As A Legal Concept, Justin Desautels-Stein
Publications
In the wake of the recent financial crisis of 2008, and in the run-up to what some are calling a perfect fiscal storm, there is no shortage of commentary on the need for fundamental market reform. Though there are certainly disagreements about where the real problems are and what to do, almost all the commentary remains wedded to an old and entirely false image of “free competition.” Of course, there is hardly consensus about whether markets require the heavy hand of regulative control, or are better left to regulate themselves, but a belief in the distinction between these two images …
Modularity, Vertical Integration, And Open Access Policies: Towards A Convergence Of Antitrust And Regulation In The Internet Age, Joseph Farrell, Philip J. Weiser
Modularity, Vertical Integration, And Open Access Policies: Towards A Convergence Of Antitrust And Regulation In The Internet Age, Joseph Farrell, Philip J. Weiser
Publications
Antitrust law and telecommunications regulation have long adopted different stances on whether to mandate open access to information platforms. This article aims to help regulators and commentators incorporate both Chicago School and post-Chicago School arguments in evaluating this basic policy choice, suggesting how they can be integrated in an effective manner. In particular, the authors outline three alternative models that the FCC could adopt to guide its regulation of information platforms and facilitate a true convergence between antitrust and regulatory policy.
Interlocks In Corporate Management And The Antitrust Laws, Arthur H. Travers Jr.
Interlocks In Corporate Management And The Antitrust Laws, Arthur H. Travers Jr.
Publications
No abstract provided.
An Examination Of The Cab's Merger Policy, Arthur H. Travers Jr.
An Examination Of The Cab's Merger Policy, Arthur H. Travers Jr.
Publications
No abstract provided.
The Consent Decree In Antitrust Enforcement--Analysis And Criticism, J. Dennis Hynes
The Consent Decree In Antitrust Enforcement--Analysis And Criticism, J. Dennis Hynes
Publications
No abstract provided.