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Full-Text Articles in Law
Accounting For The Employee-Employer Relationship In Antitrust Analysis, Justin Mccrary, Bryan Ricchetti
Accounting For The Employee-Employer Relationship In Antitrust Analysis, Justin Mccrary, Bryan Ricchetti
Faculty Scholarship
Recent years have seen increased regulatory scrutiny of and private litigant claims regarding potential monopsony power in labor markets. In this paper, we discuss a defining feature of that analysis — a feature that differentiates it from antitrust analysis of product-market restraints. That feature is the employee-employer relationship. Employer-employee relationships, and investments that workers and firms make in such relationships, are central to analysis of antitrust issues in labor markets.
The Extraordinary Deterrence Of Private Antitrust Enforcement: A Reply To Werden, Robert H. Lande, Joshua P. Davis
The Extraordinary Deterrence Of Private Antitrust Enforcement: A Reply To Werden, Robert H. Lande, Joshua P. Davis
All Faculty Scholarship
Our article, "Comparative Deterrence from Private Enforcement and Criminal Enforcement of the U.S. Antitrust Laws," 2011 B.Y.U. L. Rev. 315, documented an extraordinary but usually overlooked fact: private antitrust enforcement deters a significant amount of anticompetitive conduct. Indeed, the article showed that private enforcement "probably" deters even more anticompetitive conduct than the almost universally admired anti-cartel enforcement program of the United States Department of Justice.
In a recent issue of Antitrust Bulletin, Gregory J. Werden, Scott D. Hammond, and Belinda A. Barnett challenged our analysis. They asserted that our comparison “is more misleading than informative.” It is unsurprising that they …
Updating Our Understanding Of The Role Of Lawyers: Lessons From Mastercard, Scott R. Peppet
Updating Our Understanding Of The Role Of Lawyers: Lessons From Mastercard, Scott R. Peppet
Publications
No abstract provided.
Economic Authority And The Limits Of Expertise In Antitrust Cases, John E. Lopatka, William H. Page
Economic Authority And The Limits Of Expertise In Antitrust Cases, John E. Lopatka, William H. Page
UF Law Faculty Publications
In antitrust litigation, the factual complexity and economic nature of the issues involved require the presentation of economic expert testimony in all but a few cases. This dependence on economics has increased in recent years because of the courts' narrowing of per se rules of illegality and the courts' expansion of certain areas of factual inquiry. At the same time, however, courts have limited the scope of allowable expert testimony through the methodological strictures of Daubert and its progeny and through heightened sufficiency requirements. In this Article, Professors Page and Lopatka make four important points about these judicially imposed constraints …
Taming The Wayward Children Of Monsanto And Sylvania: Some Thoughts On Developmental Disorders In Vertical Restraints Doctrine, Marc A. Fajer
Taming The Wayward Children Of Monsanto And Sylvania: Some Thoughts On Developmental Disorders In Vertical Restraints Doctrine, Marc A. Fajer
Articles
No abstract provided.