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Full-Text Articles in Law
China's Regulatory Crackdowns And U.S.-China Trade And Investment Relations, Henry S. Gao
China's Regulatory Crackdowns And U.S.-China Trade And Investment Relations, Henry S. Gao
Research Collection Yong Pung How School Of Law
China's regulatory crackdowns have affected U.S. and Chinese companies, but protectionist trade policies implemented by the Trump administration and continued by the Biden administration have severely restricted the ability of the U.S. government to protect U.S. businesses in the Chinese market. Unless the U.S. government changes course, American companies will be increasingly less able to address perceived wrongs in Chinese government policies and will be placed at a significant economic disadvantage in much of Asia.
Are Data Privacy Laws Trade Barriers?, Margot Kaminski
Are Data Privacy Laws Trade Barriers?, Margot Kaminski
Publications
No abstract provided.
Justice Scalia And Sherman Act Textualism, Alan J. Meese
Justice Scalia And Sherman Act Textualism, Alan J. Meese
Faculty Publications
No abstract provided.
The Next Generation Of U.S.-Africa Trade Instruments, Kathleen Claussen
The Next Generation Of U.S.-Africa Trade Instruments, Kathleen Claussen
Articles
No abstract provided.
Kamakahi V. Asrm: The Egg Donor Price Fixing Litigation, Kimberly D. Krawiec
Kamakahi V. Asrm: The Egg Donor Price Fixing Litigation, Kimberly D. Krawiec
Faculty Scholarship
In April 2011, Lindsay Kamakahi caused an international stir by suing the American Society for Reproductive Medicine (ASRM), the Society for Assisted Reproductive Technology (SART), SART-member fertility clinics, and a number of egg donor agencies on behalf of herself and other oocyte donors. The suit challenged the ASRM-SART oocyte donor compensation guidelines, which limit payments to egg donors to $5,000 ($10,000 under special circumstances), as an illegal price-fixing agreement in violation of United States antitrust laws.
Ensuing discussion of the case has touched on familiar debates surrounding coercion, commodification, and exploitation. It has also revealed many misconceptions about oocyte donation, …
Elhauge On Tying: Vindicated By History, Barak D. Richman, Steven W. Usselman
Elhauge On Tying: Vindicated By History, Barak D. Richman, Steven W. Usselman
Faculty Scholarship
No abstract provided.
Welfare Standards In U.S. And E.U. Antitrust Enforcement, Roger D. Blair, D. Daniel Sokol
Welfare Standards In U.S. And E.U. Antitrust Enforcement, Roger D. Blair, D. Daniel Sokol
UF Law Faculty Publications
The potential goals of antitrust are numerous. Goals matter to antitrust. We believe that it is total welfare rather than consumer welfare that should drive antitrust analysis. We use this Article as an opportunity to explore both a comparative analysis of welfare standards across E. U. and US. competition systems and the impact of welfare standards on global antitrust systemwide welfare.
In this Article, we analyze two types of situations in which there would be a different outcome based on the goal implemented. One scenario involves resale price maintenance (RPM). For RPM, we argue that even if there were a …
League Structure & Stadium Rent Seeking - The Role Of Antitrust Revisited, David Haddock, Tonja Jacobi, Matthew Sag
League Structure & Stadium Rent Seeking - The Role Of Antitrust Revisited, David Haddock, Tonja Jacobi, Matthew Sag
Faculty Articles
Professional North American sporting teams receive enormous pub for new and renovated stadiums after threatening to depart their hometowns, or by actually moving elsewhere. In contrast, English sporting teams neither receive much public money for such projects, nor move towns. This Article argues that no inherent cultural or political transatlantic variations cause the differences; rather, it is the industrial organization of sports in the two countries-the structure of league control-that enables rent-seeking by American teams but not by their English counterparts. Cross-country time series data contrasting American professional football and baseball stadiums with English soccer grounds support our claim, as …
Saving The First Amendment From Itself: Relief From The Sherman Act Against The Rabbinic Cartels, Barak D. Richman
Saving The First Amendment From Itself: Relief From The Sherman Act Against The Rabbinic Cartels, Barak D. Richman
Faculty Scholarship
America’s rabbis currently structure their employment market with rules that flagrantly violate the Sherman Act. The consequences of these rules, in addition to the predictable economic outcomes of inflated wages for rabbis and restricted consumer freedoms for the congregations that employ them, meaningfully hinder Jewish communities from seeking their preferred spiritual leader. Although the First Amendment cannot combat against this privately-orchestrated (yet paradigmatic) restriction on religious expression, the Sherman Act can. Ironically, however, the rabbinic organizations implementing the restrictive policies claim that the First Amendment immunizes them from Sherman Act scrutiny, thereby claiming the First Amendment empowers them to do …
Concentration In Health Care Markets: Chronic Problems And Better Solutions, Barak D. Richman
Concentration In Health Care Markets: Chronic Problems And Better Solutions, Barak D. Richman
Faculty Scholarship
Health care providers with market power enjoy substantially more pricing freedom than monopolists in other markets, for a reason not generally recognized: US-style health insurance. Consequently, monopolies in health care cause undesirable redistribution of wealth and inefficient allocation of resources, both of which burden consumers at levels beyond those of other monopolists. The unusual costliness of monopoly power in health care markets demands far more policy attention than it has received. For starters, the health sector needs a more aggressive antitrust policy that effectively prevents the creation of new provider market power through mergers, alliances, or government immunity. An immediate …
Rethinking Merger Efficiencies, Daniel A. Crane
Rethinking Merger Efficiencies, Daniel A. Crane
Articles
The two leading merger systems-those of the United States and the European Union-treat the potential benefits and risks of mergers asymmetrically. Both systems require considerably greater proof of efficiencies than they do of potential harms if the efficiencies are to offset concerns over the accumulation or exercise of market power The implicit asymmetry principle has important systemic effects for merger control. It not only stands in the way of some socially desirable mergers but also may indirectly facilitate the clearance of some socially undesirable mergers. Neither system explicitly justifies this asymmetry, and none of the plausible justifications are normatively supportable. …
Amicus Brief Of Antitrust Professors And Scholars, Hosanna-Tabor Evangelical Lutheran Church And School V. Eeoc, Barak D. Richman, Harry First
Amicus Brief Of Antitrust Professors And Scholars, Hosanna-Tabor Evangelical Lutheran Church And School V. Eeoc, Barak D. Richman, Harry First
Faculty Scholarship
Professional associations of clergy have invoked the ministerial exception to claim immunity from the antitrust laws. In claiming immunity, these clergy feel entitled to construct cartel-like arrangements that, absent such immunity, would violate section 1 of the Sherman Act, 15 U.S.C. § 1 (2006). The question presented in this case characterizes the ministerial exception as a bar to most “employment-related lawsuits brought against religious organizations by employees performing religious functions.” Such a characterization leaves open the possibility that “religious organizations” could include professional associations of clergy, in addition to churches, religious schools, or other employers of clergy, and “employment-related lawsuits” …
The Private Antitrust Remedy: Lessons From The American Experience, Edward D. Cavanagh
The Private Antitrust Remedy: Lessons From The American Experience, Edward D. Cavanagh
Faculty Publications
(Excerpt)
The treble damage remedy has been a centerpiece of private antitrust enforcement since the enactment of the Sherman Act in 1890. Aware that government resources were limited, Congress created the private right of action as a complement to public enforcement to assure the detection and prosecution of antitrust offenders. The private right of action has proven to be a very potent weapon in the civil enforcement arsenal. It is the very potency of the private remedy, however, that has made the private right of action a target of criticism by defendants and, more recently, the courts. Indeed, in the …
The Boeing-Mcdonnell Douglas Merger: Competition Law, Parochialism, And The Need For A Globalized Antitrust System, Kathleen Luz
The Boeing-Mcdonnell Douglas Merger: Competition Law, Parochialism, And The Need For A Globalized Antitrust System, Kathleen Luz
Faculty Scholarship
On July 1, 1997, the Federal Trade Commission (FTC) closed its investigation of the merger of the Boeing Company (Boeing) and the McDonnell Douglas Corporation (McDonnell Douglas), essentially approving the merger. The proposed $14 billion merger was quite significant, as it would unite the first and third largest civil aircraft companies in the world. Although the proposed merger had passed muster under U.S. antitrust laws, Boeing still faced the obstacle of gaining approval from the European Commission (EC), the antitrust enforcement agency of the European Union (EU). The EC initially sought to reject the merger and to levy heavy penalties …
A Comparative Approach To Extraterritoriality In The Fields Of Antitrust And Export Controls, Andreas Knaul
A Comparative Approach To Extraterritoriality In The Fields Of Antitrust And Export Controls, Andreas Knaul
LLM Theses and Essays
This work will show that all isolated proposals for the solution of the extraterritoriality problem are fundamentally insufficient. Only a combination of negotiation, agreements and arbitration comes near to a solution of the problem. Taking the example of antitrust and export control laws the author will describe and analyze the different approaches currently discussed to cope with the fact that one sovereign state tries to extend its jurisdiction into the field of another sovereign state. It is to be shown that no approach can succeed as long as the substantive laws in the antitrust and export control field are different.
Legal Issues Of Market Dominance: A Comparative Study, Helmut Gottlieb
Legal Issues Of Market Dominance: A Comparative Study, Helmut Gottlieb
LLM Theses and Essays
Chapter I of this paper will focus on the current approach to the delimitation of the relevant market, the determination of market concentration and the legal requirements for a challenge of market dominating enterprises. In Chapter II, because of the interdependency between monopoly and antimerger policy, the present legal situation of mergers shall be analyzed. Finally, the theories of the problem of the jurisdictional reach of antitrust laws will be considered in Chapter III.
Interstate Gas Pipeline Ratemaking And Contract Implications, Henry E. Brown
Interstate Gas Pipeline Ratemaking And Contract Implications, Henry E. Brown
Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)
61 pages.
Contains references.
Contains 7 attachments.
Off-System Sales: Will They Ever Return?, Paul F. O'Konski
Off-System Sales: Will They Ever Return?, Paul F. O'Konski
Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)
5 pages.
Section 311 And 312 Of The Natural Gas Policy Act Of 1978 And Hinshaw Pipelines, Lauren Eaton
Section 311 And 312 Of The Natural Gas Policy Act Of 1978 And Hinshaw Pipelines, Lauren Eaton
Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)
5 pages.
The Natural Gas Industry In Transition, Ruth A. Maurer
The Natural Gas Industry In Transition, Ruth A. Maurer
Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)
10 pages (includes illustrations).
Drafting And Interpreting Sensitive Gas Purchase Contract Provisions, William D. Watson
Drafting And Interpreting Sensitive Gas Purchase Contract Provisions, William D. Watson
Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)
8 pages.
Off-System Sales – Will They Ever Return? (The Interstate Side), Robert C. Mchugh
Off-System Sales – Will They Ever Return? (The Interstate Side), Robert C. Mchugh
Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)
27 pages (includes illustrations).
Contains 2 pages of references.
Contains 1 attachment.
Legislative Prospects For Wellhead Pricing Of Natural Gas, Richard G. Morgan
Legislative Prospects For Wellhead Pricing Of Natural Gas, Richard G. Morgan
Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25)
162 pages.
Contains 16 attachments.