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Full-Text Articles in Law
If Per Se Is Dying, Why Not In Tv Tying? A Case For Adopting The Rule Of Reason Standard In Television Block- Booking Arrangements, Nicole Labletta
If Per Se Is Dying, Why Not In Tv Tying? A Case For Adopting The Rule Of Reason Standard In Television Block- Booking Arrangements, Nicole Labletta
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Reevaluating Amateurism Standards In Men's College Basketball, Marc Edelman
Reevaluating Amateurism Standards In Men's College Basketball, Marc Edelman
University of Michigan Journal of Law Reform
This Note argues that courts should interpret NCAA conduct under the Principle of Amateurism as a violation of§ 1 of the Sherman Antitrust Act and that courts should order NCAA deregulation of student-athletes' indirect financial activities. Part I of this Note discusses the history of NCAA regulation, specifically its Principle of Amateurism. Part II discusses the current impact of antitrust laws on the NCAA. Part III argues that the NCAA violates antitrust laws because the Principle of Amateurism's overall effect is anticompetitive. Part IV argues the NCAA could institute an amateurism standard with a net pro-competitive effect by allowing student-athletes …
The Report Of The Attorney General's National Committee To Study The Antitrust Laws: A Retrospective, Thomas E. Kauper
The Report Of The Attorney General's National Committee To Study The Antitrust Laws: A Retrospective, Thomas E. Kauper
Michigan Law Review
In 1955, the third year of the Eisenhower administration, the Michigan Law Review published what I believe to be the only symposium on antitrust law ever to appear in its pages. The occasion was the release in March of that year of a Report of the Attorney General's National Committee to Study the Antitrust Laws,2 a nearly fourhundred- page examination of virtually all facets of federal antitrust doctrine and enforcement. The pages of the symposium led me of course to revisit the Report itself, a visit a little like seeing an old high school friend long forgotten some forty years …
Case Analysis - In Re Buspirone Patent And Antitrust Litigation, Tim Meade
Case Analysis - In Re Buspirone Patent And Antitrust Litigation, Tim Meade
Richmond Journal of Law & Technology
Section 1 of the Sherman Act criminalizes any conspiracy to restrain trade or commerce within the United States or with foreign nations. Section 2 of the Sherman Act criminalizes any attempt to monopolize any part of trade or commerce within the Unites Stated or with foreign nations.
Can't We Play Too?: The Legality Of Excluding Preparatory Players From The Nba, Thomas Lombardi
Can't We Play Too?: The Legality Of Excluding Preparatory Players From The Nba, Thomas Lombardi
Vanderbilt Journal of Entertainment & Technology Law
This Note illustrates the legal action necessary to secure a high school underclassman's eligibility to compete in the NBA. Following the precedent established by Spencer Haywood in his suit against the NBA, a case factually analogous to the present issue, the NBA faces an anti-trust action alleging a group boycott in violation of Section I of the Sherman Act. However, incorporating the high school graduation rule into a collective bargaining agreement precludes a straightforward antitrust analysis and necessarily implicates the nonstatutory labor exemption. This Note suggests that even under an analysis favorable to the challenging preparatory player, the nonstatutory exemption …
Can Cleveland Clinic Health System Be Trusted: Whether A Proposed Merger Or Acquisition By Cleveland Clinic Health System Will Substantially Impair The Competitive Health Care Market In Northeast Ohio Resulting In A Violation Of Federal Antitrust Statutes, Matthew T. Polito
Journal of Law and Health
This article analyzes the implications of the Clayton Antitrust Act (Clayton Act) and the Sherman Antitrust Act (Sherman Act) as they pertain to the Cleveland Clinic Health System (CCHS). Part One provides background analysis of these two statutes, and the application of those statutes to mergers in the health care industry. Part Two discusses the elements needed to prove the government's prima facie case. This consists of a discussion of a relevant market, which includes the product and geographic markets. This section also contains a description and analysis of market concentration, measured by the Herfindahl-HIrschman Index (HHI). Part Three provides …