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Full-Text Articles in Law

Small Liberal Arts Colleges, Fraternities, And Antitrust: Rethinking Hamilton College, Mark D. Bauer Jan 2004

Small Liberal Arts Colleges, Fraternities, And Antitrust: Rethinking Hamilton College, Mark D. Bauer

Mark D Bauer

Many colleges have abolished men's and women's fraternities, and many more plan to do so. Regardless of one's personal feelings towards fraternities, demands to shut down housing and cease dining operations raise important antitrust concerns. Because the fraternities offer competitive housing and food services, colleges are using their market power to eliminate business rivals.


Separating The Wheat From The Chaff: Restrictive Agreement In Light Of The Supreme Court’S Recent Decisions (In Hebrew), Michal Gal Jan 2004

Separating The Wheat From The Chaff: Restrictive Agreement In Light Of The Supreme Court’S Recent Decisions (In Hebrew), Michal Gal

Michal Gal

No abstract provided.


The Ecology Of Antitrust: Preconditions For Competition Law Enforcement In Developing Countries, Michal Gal Jan 2004

The Ecology Of Antitrust: Preconditions For Competition Law Enforcement In Developing Countries, Michal Gal

Michal Gal

The number of developing countries that have adopted a competition law has grown exponentially over the past two decades. Yet the mere adoption of a competition law is a necessary but not sufficient condition for it to be part of market reform. Just as ecological conditions determine the ability of a flower to bloom, so do some preconditions affect the ability to apply a competition law effectively. This study seeks to identify the ecology of antitrust in developing countries: the soil, sun, water and pesticides of competition law adoption and enforcement. In particular, it analyzes the socio-economic ideology (soil), the …


La Prohibición De Los Acuerdos Restrictivos De La Competencia: Una Concepción Privatística Del Derecho Antimonopolio, Jesús Alfaro Águila-Real Jan 2004

La Prohibición De Los Acuerdos Restrictivos De La Competencia: Una Concepción Privatística Del Derecho Antimonopolio, Jesús Alfaro Águila-Real

Jesús Alfaro Águila-Real

No abstract provided.


The Case For International Antitrust, Andrew Guzman Dec 2003

The Case For International Antitrust, Andrew Guzman

Andrew T Guzman

No abstract provided.


Saving Antitrust, Reza Dibadj Dec 2003

Saving Antitrust, Reza Dibadj

Reza Dibadj

Commentators regularly criticize antitrust for its wobbly intellectual foundations and ineffectual results. To address this malaise, this Article attempts a new path: a systemic deconstruction of antitrust, followed by a reconstruction of the economic and institutional foundations of a new competition law. Paradoxically, saving antitrust will require looking beyond its traditions to incorporate learnings from economic regulation. First, the piece attempts to link antitrust's modern woes to two root causes: predominantly laissez-faire economics and limited institutions. Influential commentators have falsely defined antitrust's consumer welfare goal according to the strictures of neoclassical price theory, while ignoring antitrust's legislative history. In parallel, …


Monopoly Pricing As An Antitrust Offense In The U.S. And The Ec: Two Systems Of Belief About Monopoly?, Michal Gal Dec 2003

Monopoly Pricing As An Antitrust Offense In The U.S. And The Ec: Two Systems Of Belief About Monopoly?, Michal Gal

Michal Gal

Monopoly pricing per se, that is without need of proof of anti-competitive conduct or intent, is regulated very differently on both sides of the Atlantic, at least in theory. U.S. antitrust law sets a straightforward rule: monopoly pricing, as such, is not regulated. In contrast, under EC law excessive pricing is considered an abuse of dominance and is punishable by fine and subject to a prohibitory order. These approaches fit the divide between the regulation of exclusionary and exploitative conduct: whereas exclusionary conduct is an offense against antitrust law on both sides of the Atlantic, exploitative conduct generally only breaches …