Law Commons^™

Afterword: Could A Merger Lead To Both A Monopoly And A Lower Price?, Alan A. Fisher Ph.D., Robert H. Lande, Walter Vandaele

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This article demonstrates that significant net efficiencies from a merger could cause prices to decrease, even if the merger results in a monopoly. The article also shows that a price focus would require substantially more efficiencies to justify an otherwise anticompetitive merger than would an efficiency focus (in other words, it re-does the Williamsonian merger tradeoff, using price to consumers instead of net efficiencies as its focus). We demonstrate this by calculating how large the necessary efficiency gains would have to be to prevent price increases under different market conditions.

Efficiency Considerations In Merger Enforcement, Alan A. Fisher Ph.D., Robert H. Lande

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This is one of the first articles to demonstrate that the primary goal of antitrust is neither exclusively to enhance economic efficiency, nor to address any social or political factor. Rather, the overriding intent behind the merger laws was to prevent prices to purchasers from rising due to mergers (a wealth transfer concern). This is the first article to show how to analyze mergers with this goal in mind. Doing so challenges the fundamental underpinnings of Williamsonian merger analysis (which assumes mergers should be evaluated only in terms of net efficiency effects).

In this and three related articles we re-do …

Warrantless Investigative Searches And Seizures Of Automobiles And Their Contents, Steven A.G. Davison

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No abstract provided.

Ask And Ye Shall Receive: The Legislative Response To The Northeast Rail Crisis, Henry H. Perritt Jr.

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No abstract provided.

Evidence: Making The Record, Margaret G. Stewart

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No abstract provided.

An Overview Of Comparative Environmental Law (With P. Tarek), A. Dan Tarlock

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No abstract provided.

Introduction To Symposium, Water Rights, A. Dan Tarlock

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No abstract provided.

National Power, State Resource Sovereignty And Federalism In The 1980'S: Scaling America's Magic Mountain, A. Dan Tarlock

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No abstract provided.

Not At The Behest Of Nonlabor Groups: A Revised Prognosis For A Maturing Sports Industry, Phillip J. Closius

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For most of its history, professional athletics was governed by the unilateral decisions of team owners acting in a league format. In the last twelve years, however, a variety of sporting groups, through access to the judicial system and a changed perception of the legal status of sports, have forced the owners to share the power and wealth derived from the games. Players, unions, agents and rival leagues all now participate, in some form, in the decisions which will shape the future of sports. In the course of this growth, the sports industry has matured into a national business possessed …

Note, Content Regulation And The Dimensions Of Free Expression, Steven J. Heyman

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No abstract provided.

Protecting The Whistleblower From Retaliatory Discharge, Martin H. Malin

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No abstract provided.

University Faculty Members' Right To Dissent: Toward A Unified Theory Of Contractual And Constitutional Protection, (With R. Ladenson), Martin H. Malin

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No abstract provided.

The Extraterritorial Application Of German Antitrust Law, David J. Gerber

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No abstract provided.

Digest Of (1982) Eugrz Parts 1-24, Harvey Morrell

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No abstract provided.

Sanctions In The Proposed Amendments To The Federal Rules Of Civil Procedure: Some Questions About Power, Stephen B. Burbank

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No abstract provided.

The Consciousness Of Work And The Values Of American Labor Law, Howard Lesnick

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No abstract provided.

Element Analysis In Defining Criminal Liability: The Model Penal Code And Beyond, Paul H. Robinson, Jane A. Grall

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The pursuit of fairness and effectiveness has inspired and guided criminal code reformers of the past two decades. Because penal law protects the most important societal interests and authorizes the most serious sanctions the government may impose - the stigma of conviction, imprisonment, and even death - a criminal code, more than any other body of law, should be rational, clear, and internally consistent. Only a precise, principled code that sufficiently defines forbidden conduct can achieve its goals of condemnation and deterrence. Such a code gives citizens fair warning of what will constitute a crime, limits governmental discretion in determining …

The Insurance Classification Controversy, Regina Austin

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No abstract provided.