Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- BLR (39)
- Maurer School of Law: Indiana University (32)
- Selected Works (15)
- SelectedWorks (10)
- Northwestern Pritzker School of Law (9)
-
- Vanderbilt University Law School (6)
- American University Washington College of Law (5)
- UIC School of Law (4)
- University of Missouri School of Law (4)
- University of Pennsylvania Carey Law School (4)
- William & Mary Law School (4)
- American University in Cairo (3)
- Cornell University Law School (3)
- Georgetown University Law Center (3)
- University of Baltimore Law (3)
- University of Michigan Law School (3)
- Loyola University Chicago, School of Law (2)
- University of Connecticut (2)
- University of Maryland Francis King Carey School of Law (2)
- Wayne State University (2)
- Brigham Young University Law School (1)
- Chicago-Kent College of Law (1)
- Cleveland State University (1)
- Columbia Law School (1)
- Florida State University College of Law (1)
- Fordham Law School (1)
- Penn State Dickinson Law (1)
- Penn State Law (1)
- Saint Louis University School of Law (1)
- Texas A&M University School of Law (1)
- Keyword
-
- Antitrust (47)
- Trade Regulation (25)
- Economics (19)
- International Trade (19)
- 1996 Act (17)
-
- International Law (17)
- Law and Economics (17)
- Telecommunications Act of 1996 (16)
- Commercial Law (14)
- FCC (12)
- Comparative and Foreign Law (11)
- Consumer Protection Law (11)
- Federal Communications Commission (11)
- Competition (10)
- International law (10)
- Corporations (9)
- General Law (9)
- Sherman Act (9)
- Law and Society (8)
- Law and Technology (8)
- Regulation (8)
- Competition law (7)
- Intellectual Property Law (7)
- Politics (7)
- Communications Law (6)
- Constitutional Law (6)
- Contracts (6)
- Human Rights Law (6)
- Science and Technology (6)
- Securities Law (6)
- Publication
-
- ExpressO (34)
- Federal Communications Law Journal (32)
- All Faculty Scholarship (9)
- Northwestern Journal of International Law & Business (9)
- Frank J. Garcia (7)
-
- Faculty Publications (5)
- Faculty Scholarship (5)
- Wilmer Cutler Pickering Hale and Dorr Antitrust Series (5)
- Archived Theses and Dissertations (3)
- Articles in Law Reviews & Other Academic Journals (3)
- Cornell Law Faculty Publications (3)
- Michal Gal (3)
- Michigan Law Review (3)
- Thomas J. Horton (3)
- Vanderbilt Journal of Transnational Law (3)
- William & Mary Law Review (3)
- Bruno L. Costantini García (2)
- Faculty Articles and Papers (2)
- Gabriel Martinez Medrano (2)
- Law Faculty Research Publications (2)
- Testimony Before Congress (2)
- UIC Law Review (2)
- Vanderbilt Law School Faculty Publications (2)
- carlos ragazzo (2)
- Aaron Edlin (1)
- American Indian Law Review (1)
- American University Law Review (1)
- Andrés Palacios Lleras (1)
- Center for Contract and Economic Organization (1)
- Faculty Publications & Other Works (1)
- Publication Type
- File Type
Articles 151 - 175 of 175
Full-Text Articles in Law
Competition Advocacy: Time For A Rethink Symposium On Competition Law And Policy In Developing Countries , Simon J. Evenett
Competition Advocacy: Time For A Rethink Symposium On Competition Law And Policy In Developing Countries , Simon J. Evenett
Northwestern Journal of International Law & Business
This paper examines the conventional wisdom concerning competition advocacy, paying particular attention to the applicability of such wisdom to developing countries. The definition of competition advocacy, its evaluation, and the likelihood of its successful implementation are discussed in some detail. The paper concludes with a call for considerably more thought about what, hitherto, has been one of the relatively uncontroversial aspects of many competition authorities' activities.
Same Plant, Different Soil: Japan's New Merger Guidelines Symposium On Competition Law And Policy In Developing Countries, Salil K. Mehra
Same Plant, Different Soil: Japan's New Merger Guidelines Symposium On Competition Law And Policy In Developing Countries, Salil K. Mehra
Northwestern Journal of International Law & Business
Japan's New Merger Guidelines ("New Merger Guidelines"), issued by the Japan Fair Trade Commission ("JFTC") in May 2004, mark a turning point for antitrust in Japan. It is likely that Japan's New Merger Guidelines will be seen as a model for legal transplants in the future. Despite the similarities between Japan's New Merger Guidelines and the U.S. Horizontal Merger Guidelines ("U.S. Merger Guidelines"), Japan's New Merger Guidelines are unlikely to be a "success" in the same way that the U.S. Merger Guidelines have been a success since their adoption by the American competition agencies. Although Japan is far from a …
Development Of Competition Law In Vietnam In The Face Of Economic Reforms And Global Integration, The Symposium On Competition Law And Policy In Developing Countries, Alice Pham
Northwestern Journal of International Law & Business
This article examines the development of a competition regime in Vietnam, with all of the existing difficulties and problems. In the context of this socialist country, we examine the economic reform and integration process and the challenges of liberalization and globalization. Finally, we provide some thoughts for the future. Specifically, Section II addresses the emergence of Vietnam's competition law since the 1980's. Section III describes some of the key legal provisions of the Competition Law of Vietnam. Section IV evaluates the current challenges in the implementation of the Vietnam competition regime, while Section V proposes some recommendations.
Political Economy Of Competition Law: The Case Of Thailand, The Symposium On Competition Law And Policy In Developing Countries, Deunden Nikomborirak
Political Economy Of Competition Law: The Case Of Thailand, The Symposium On Competition Law And Policy In Developing Countries, Deunden Nikomborirak
Northwestern Journal of International Law & Business
This paper will address the political economy of competition law in Thailand. Section II will provide a historical perspective of Thai Competition Law. Section III will show what went wrong with the law's implementation since its promulgation in 1999. Section IV will assess the implications of the lack of competition law enforcement on business conduct and the establishment of a competition regime in Thailand. Section V will summarize major lessons learned in the Thai case that may be relevant to other developing countries considering adopting such a law or facing difficulties in its implementation. Finally, Section VI will draw conclusions …
Competition Policy And Practice In South Africa: Promoting Competition For Development Symposium On Competition Law And Policy In Developing Countries , Trudi Hartzenberg
Competition Policy And Practice In South Africa: Promoting Competition For Development Symposium On Competition Law And Policy In Developing Countries , Trudi Hartzenberg
Northwestern Journal of International Law & Business
South Africa's new competition policy and law were drafted during the early years of South Africa's new democracy, a period characterized by important domestic policy and regulatory reform. These reforms were not only part of the comprehensive program for the country's economic, social, and political transformation, but also its integration into the global economy after decades of isolation under the apartheid regime. In the case of competition policy, however, concerns about specific development challenges entrenched by the previous era of political and economic control, had to be explicitly reflected in the new South Africa's law and policy. It was clear …
Antitrust And The Supremacy Clause , Richard Squire
Antitrust And The Supremacy Clause , Richard Squire
Faculty Scholarship
In the course of damning the market giant Standard Oil, the Supreme Court declared that the purpose of the Sherman Antitrust Act is to prevent "monopoly and the acts which produce the same result as monopoly." The Constitution's Supremacy Clause, in turn, requires preemption-that is, non-enforcement--of state laws that conflict with a federal statute. Put together, these propositions suggest that state laws which create monopolies should be prime candidates for preemption via the Sherman Act. But despite the syllogistic logic bearing down on them, monopoly-creating state laws have easily weathered most federal antitrust challenges, even when the state does not …
The Failure Of U.S. Antidumping Mechanisms And Its Relation To The Global Shrimping Industry, Ron Eritano
The Failure Of U.S. Antidumping Mechanisms And Its Relation To The Global Shrimping Industry, Ron Eritano
South Carolina Journal of International Law and Business
No abstract provided.
The Demise Of Regulation In Ocean Shipping: A Study In The Evolution Of Competition Policy And The Predictive Power Of Microeconomics, Christopher L. Sagers
The Demise Of Regulation In Ocean Shipping: A Study In The Evolution Of Competition Policy And The Predictive Power Of Microeconomics, Christopher L. Sagers
Law Faculty Articles and Essays
Over its 140 year history, ocean liner shipping has almost always enjoyed an antitrust exemption permitting price-fixing cartels of ocean carriers. The exemption was premised on the belief that problems of cost and capacity inherent in the trade can be resolved only by horizontal collusion. Now that that exemption has been whittled away by deregulatory efforts, the pre- and post-deregulation evidence presents one of the world's rare opportunities for natural experiment on the behavior and effectiveness of collusive cartel pricing. Moreover, because normal and effective competition never really existed prior to 1998, the normative foundation of the antitrust exemption was …
Regulatory Responses To Investor Irrationality: The Case Of The Research Analyst, Jill E. Fisch
Regulatory Responses To Investor Irrationality: The Case Of The Research Analyst, Jill E. Fisch
All Faculty Scholarship
An extensive body of behavioral economics literature suggests that investors do not behave with perfect rationality. Instead, investors are subject to a variety of biases that may cause them to react inappropriately to information. The policy challenge posed by this observation is to identify the appropriate response to investor irrationality. In particular, should regulators attempt to protect investors from bad investment decisions that may be the result of irrational behavior?
This Article considers the appropriate regulatory response to investor irrationality within the concrete context of the research analyst. Many commentators have argued that analyst conflicts of interest led to biased …
Network Neutrality And The Economics Of Congestion, Christopher S. Yoo
Network Neutrality And The Economics Of Congestion, Christopher S. Yoo
All Faculty Scholarship
No abstract provided.
Antitrust & Hospital Mergers: Does The Nonprofit Form Affect Competitive Substance?, Thomas L. Greaney
Antitrust & Hospital Mergers: Does The Nonprofit Form Affect Competitive Substance?, Thomas L. Greaney
All Faculty Scholarship
Following a string of government losses in cases challenging hospital mergers in federal court, the Federal Trade Commission and the Department of Justice issued their report on competition in health care seeking to set the record straight on a number of issues that underlie the judiciary's resolution of these cases. One such issue is the import of nonprofit status for applying antitrust law. This essay describes antitrust's role in addressing the consolidation in the hospital sector and the subtle influence that the social function of the nonprofit hospital has had in merger litigation. Noting that the political and social context …
Tweaking Antitrust's Business Model , Thom Lambert
Tweaking Antitrust's Business Model , Thom Lambert
Faculty Publications
This essay evaluates Hovenkamp's suggestions, concluding that most are sound, that a few might be slightly revised to enhance their effectiveness or administrability, and that a couple are downright unwise. In particular, the essay criticizes Hovenkamp's call for abandonment of the indirect purchaser rule and his proposed test for identifying exclusionary conduct under Section 2 of the Sherman Act.
The 'Failure To Mitigate' Defense In Antitrust, Thom Lambert
The 'Failure To Mitigate' Defense In Antitrust, Thom Lambert
Faculty Publications
The article begins with the premise that any failure to mitigate defense should aim to minimize the sum of three costs: the costs associated with inefficient behavior by defendants, the costs associated with inefficient behavior by plaintiffs, and the administrative costs of claim adjudication. If cost minimization is the goal, then whether a failure to mitigate defense exists, and the content of the antitrust plaintiff’s mitigation requirement, should differ depending on the type of damages the plaintiff is seeking to recover. The bulk of this article discusses how the defense should apply to different damages claims.The article proceeds as follows: …
Weyerhaeuser And The Search For Antitrust's Holy Grail, Thom Lambert
Weyerhaeuser And The Search For Antitrust's Holy Grail, Thom Lambert
Faculty Publications
A general definition of exclusionary conduct has become a sort of Holy Grail for antitrust scholars. At present, four proposed definitions appear most promising: (1) conduct that could exclude an equally efficient rival; (2) conduct that raises rivals' costs unjustifiably; (3) conduct that, on balance, impairs consumer welfare by creating market power without providing countervailing consumer benefits; and (4) conduct that makes no economic sense but for its exclusionary effect on rivals.
Exclusionary Conduct, Effect On Consumers, And The Flawed Profit-Sacrifice Standard, Steven C. Salop
Exclusionary Conduct, Effect On Consumers, And The Flawed Profit-Sacrifice Standard, Steven C. Salop
Georgetown Law Faculty Publications and Other Works
The central thesis of this article is that the use of the profit-sacrifice test as the sole liability standard for exclusionary conduct, or as a required prong of a multi-pronged liability standard is fundamentally flawed. The profit-sacrifice test may be useful, for example, as one type of evidence of anticompetitive purpose. In unilateral refusal to deal cases, it can be useful in determining the non-exclusionary benchmark. However, the test is not generally a reliable indicator of the impact of allegedly exclusionary conduct on consumer welfare - the primary focus of the antitrust laws. The profit-sacrifice test also is prone to …
Atomism And The Private Merger Challenge, Paul Stancil
Atomism And The Private Merger Challenge, Paul Stancil
Faculty Scholarship
This Article explores the implications of allowing private parties to challenge mergers and acquisitions under the antitrust laws. It highlights a number of relatively recent developments in antitrust law that suggest an increase in private merger challenges in the future, and it identifies antiquated time of suit doctrines that may lead to inefficient and/or frivolous antimerger filings. It concludes by proposing several significant changes to the existing legal regime: (1) limited fee-shifting; (2) rigid time-of-suit deadlines; (3) single damages; and (4) limits on the use of postacquisition evidence to establish liability. Taken together, these reforms will allow private parties to …
The Salmon Case: Evolution Of Balancing Mechanisms For Non-Trade Values In Wto, Frank Garcia
The Salmon Case: Evolution Of Balancing Mechanisms For Non-Trade Values In Wto, Frank Garcia
Frank J. Garcia
No abstract provided.
Integrating Trade And Human Rights In The Americas, Frank Garcia
Integrating Trade And Human Rights In The Americas, Frank Garcia
Frank J. Garcia
This paper analyzes the relationship between the OAS Inter-American human rights system and several regional integration systems, including NAFTA, MERCOSUR and the proposed Free Trade Area of the Americas (FTAA). Broadly speaking, there are two models for the relationship between integration systems and human rights protection: the leverage model and the incorporation model. The leverage model involves making effective participation in extrinsic human rights systems a legal or political condition of integration system membership. The incorporation model focuses on the juridical interpenetration of the two systems at many levels. This paper will focus on the leverage model, as it applies …
Thurman Arnold: A Biography (Book Review), Timothy Kearley
Thurman Arnold: A Biography (Book Review), Timothy Kearley
Timothy G. Kearley
No abstract provided.
Competition Or Monopoly? The Implications Of Complexity Science, Chaos Theory, And Evolutionary Biology For Antitrust Competition Policy, Thomas J. Horton
Competition Or Monopoly? The Implications Of Complexity Science, Chaos Theory, And Evolutionary Biology For Antitrust Competition Policy, Thomas J. Horton
Thomas J. Horton
No abstract provided.
Review Of The World Trade Organization: Law, Practice And Policy, Frank J. Garcia
Review Of The World Trade Organization: Law, Practice And Policy, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Why Trade Law Needs A Theory Of Justice, Frank J. Garcia
Why Trade Law Needs A Theory Of Justice, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Trial Fundamentals And Courtroom Strategies For The Civil Antitrust Attorney, Thomas J. Horton
Trial Fundamentals And Courtroom Strategies For The Civil Antitrust Attorney, Thomas J. Horton
Thomas J. Horton
No abstract provided.
What Is An Agreement? (In Hebrew), Michal Gal
El Principio De Veracidad Publicitaria Y La Prohibición De Inducir A Error Al Consumidor, Pierino Stucchi
El Principio De Veracidad Publicitaria Y La Prohibición De Inducir A Error Al Consumidor, Pierino Stucchi
Pierino Stucchi
No abstract provided.