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Competition And Regulation In The Stock Markets, Robert Pozen
Competition And Regulation In The Stock Markets, Robert Pozen
Michigan Law Review
Part I of this article suggests that the courts have not satisfactorily resolved the tension between competition and regulation in the stock markets, and that the proposed legislation would in fact aggravate that tension. Part II uses an economic model of stock transactions to derive an alternative approach for reconciling competitive and regulatory considerations. Part III applies this approach to several key governmental decisions in the transition from fixed commission rates to the central market system.
United States V. Falstaff Brewing Corporation: Potential Competition Re-Examined, Michigan Law Review
United States V. Falstaff Brewing Corporation: Potential Competition Re-Examined, Michigan Law Review
Michigan Law Review
This Note will examine and criticize the perceived potential competition doctrine suggested by the Court. Then, it will discuss the questions raised in the concurrences concerning the use of subjective evidence and the role of incipient competitive effects. Finally, an alternative approach that focuses on the acquisition of or the possibility of acquiring small, "toehold" firms will be proposed.