Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Publication
- Publication Type
Articles 1 - 5 of 5
Full-Text Articles in Law
Regulation Of Franchisor Opportunism And Production Of The Institutional Framework: Federal Monopoly Or Competition Between The States?, Alan J. Meese
Regulation Of Franchisor Opportunism And Production Of The Institutional Framework: Federal Monopoly Or Competition Between The States?, Alan J. Meese
Faculty Publications
Most scholars would agree that a merger between General Motors and Ford should not be judged solely by Delaware corporate law, even if both firms are incorporated in Delaware. Leaving the standards governing such mergers to state law would assuredly produce a race to the bottom that would result in unduly permissive treatment of such transactions. Similarly, if the two firms agreed to divide markets, most would agree that some regulatory authority other than Michigan or Delaware should have the final word on the agreement. Thus, in order to forestall monopoly or its equivalent, the national government must itself exercise …
Antitrust Policy: A Century Of Economic And Legal Thinking, William E. Kovacic, Carl Shapiro
Antitrust Policy: A Century Of Economic And Legal Thinking, William E. Kovacic, Carl Shapiro
GW Law Faculty Publications & Other Works
Passage of the Sherman Act in the United States in 1890 set the stage for a century of jurisprudence regarding monopoly, cartels, and oligopoly. Among American statutes that regulate commerce, the Sherman Act is unequaled in its generality. The Act outlawed every contract, combination or conspiracy in restraint of trade and monopolization and treated violations as crimes. By these open-ended commands, Congress gave federal judges extraordinary power to draw lines between acceptable cooperation and illegal collusion, between vigorous competition and unlawful monopolization.
By enlisting the courts to elaborate the Sherman Act's broad commands, Congress gave economists a singular opportunity to …
Liberty And Antitrust In The Formative Era, Alan J. Meese
Liberty And Antitrust In The Formative Era, Alan J. Meese
Faculty Publications
No abstract provided.
Determining The Immunity Measuring Stick: The Impact Of The Health Care Quality Improvement Act And Antitrust Laws On Immunity Aspects Of Granting Privileges To Physician Assistants, Joseph Mark Saponaro
Determining The Immunity Measuring Stick: The Impact Of The Health Care Quality Improvement Act And Antitrust Laws On Immunity Aspects Of Granting Privileges To Physician Assistants, Joseph Mark Saponaro
Cleveland State Law Review
This note examines the antitrust developments that affect the health care industry; the Health Care Quality Improvement Act of 1986; the treatment of peer review process immunity for physicians as it now exists; how non-physician providers are dealt with in the peer review process; and where physician assistants fit into the whole scheme. Part I of this note lays a foundation of antitrust principles, briefly explaining the applicable portions of the Sherman Act. Part I continues by setting forth the approaches, rule of reason versus per se rule, that courts utilize when dealing with antitrust situations. After explaining these governing …
Ii Prodotto Di Marca E Ii Suo Mercato Derivato, Rudolph J.R. Peritz
Ii Prodotto Di Marca E Ii Suo Mercato Derivato, Rudolph J.R. Peritz
Articles & Chapters
The essay describes the most meaningful recent decisions of the Supreme Court of the United States and of lower courts on single brand aftermarkets for replacement parts and services, putting into historical context the market economics that inspires current antitrust jurisprudence. Particularly, it shows that the .post-classical approach has never entirely superceded neo-classical doctrines. Rather, several shifting tides of theory have swept, and still sweep, over the domain of antitrust doctrine influencing the debate unevenly.