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Full-Text Articles in Law
Corporate Law Through An Antitrust Lens, Edward B. Rock
Corporate Law Through An Antitrust Lens, Edward B. Rock
All Faculty Scholarship
No abstract provided.
Litigation As A Predatory Practice, Gary Myers
Litigation As A Predatory Practice, Gary Myers
Faculty Publications
This article reviews and evaluates the sham litigation case law, finding that many courts have allowed immunity too readily or on inappropriate grounds. It attempts to develop comprehensive standards for antitrust claims based on sham litigation.
When First Amendment Values And Competition Policy Collide: Resolving The Dilemma Of Mixed-Motive Boycotts, Kay P. Kindred
When First Amendment Values And Competition Policy Collide: Resolving The Dilemma Of Mixed-Motive Boycotts, Kay P. Kindred
Scholarly Works
In a representative democracy, government must protect the rights of its citizens to express ideas, to voice grievances, and to seek to influence government. The first Amendment safeguards these fundamental political rights from government intrusion. In a free market economy, government must protect trade and commerce from activities and influences that lead to increased concentrations of economic power or that otherwise tend to restrain competition. The antitrust laws, specifically the Sherman Act, seek to safeguard the competitive process from restrictive trade practices. Conflict arises when efforts to influence government threaten to undermine competition.
Nowhere is the clash between First Amendment …
Entry Analysis Under The 1992 Horizontal Merger Guidelines, Jonathan Baker
Entry Analysis Under The 1992 Horizontal Merger Guidelines, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Empirical Methods Of Identifying And Measuring Market Power, Jonathan Baker
Empirical Methods Of Identifying And Measuring Market Power, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Extraterritorial Application Of Antitrust Laws: The United States And European Community Approaches, Roger P. Alford
The Extraterritorial Application Of Antitrust Laws: The United States And European Community Approaches, Roger P. Alford
Journal Articles
This Article compares the differing approaches of the United States and the European Community as they wrestle with the question of how to regulate foreign anticompetitive activity. More specifically, this Article highlights the distinctive features of the U.S. "effects doctrine" and the European Community's "implementation approach" and analyzes the differences that exist between the two systems. Only the U.S. doctrine openly provides for the consideration of international comity concerns, but both approaches have been used liberally to assert jurisdiction over foreign defendants. Part II of this Article provides a background to the subject by briefly outlining the traditional bases of …