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Articles 1 - 24 of 24
Full-Text Articles in Law
Predatory Hiring As Exclusionary Conduct: A New Perspective, Richard J. Braun, Michael A. Williams
Predatory Hiring As Exclusionary Conduct: A New Perspective, Richard J. Braun, Michael A. Williams
The Journal of Business, Entrepreneurship & the Law
The showing of predatory or exclusionary conduct is a necessary element to prove an attempted monopolization claim under section 2 of the Sherman Act. Predatory hiring as a form of exclusionary conduct has not been extensively analyzed from legal or economic perspectives. Most litigated cases have followed Universal Analytics, Inc. v. MacNeal-Schwendler Corp., where the court held that unlawful predatory hiring occurs when talent is acquired not for purposes of using that talent, but for purposes of denying it to a competitor. An anticompetitive act by a single firm is an act that is not profit maximizing but for the …
The Path To Antitrust Success Against The Ncaa Is More Limited Than You Think, Keith Starr
The Path To Antitrust Success Against The Ncaa Is More Limited Than You Think, Keith Starr
Missouri Law Review
The National Collegiate Athletic Association (“NCAA”) has recently run into a bit of an antitrust problem. Although the NCAA has been challenged by parties claiming antitrust injury in the past, it has never before seen the onslaught of antitrust attacks currently pending against it. Further complicating the matter is that applying the federal antitrust laws to the NCAA’s more restrictive rules and regulations is judicially-uncharted territory. In Part II, this Law Summary provides a brief background on the federal antitrust laws and how they have previously applied to the NCAA. In Part III, this Summary discusses some of the more …
E-Books, Collusion, And Antitrust Policy: Protecting A Dominant Firm At The Cost Of Innovation, Nicholas Timchalk
E-Books, Collusion, And Antitrust Policy: Protecting A Dominant Firm At The Cost Of Innovation, Nicholas Timchalk
Seattle University Law Review
Amazon’s main rival, Apple, went to great lengths and took major risks to enter the e-book market. Why did Apple simply choose not to compete on the merits of its product and brand equity (the iPad and iBookstore) as it does with its other products? Why did Apple decide not to continue to rely on its earlier success of situating its products differently in the market than other electronics and working hard to be different and cutting-edge with its e-book delivery? This Note argues that the combination of Amazon’s 90% market share, network externalities, and an innovative technology market creates …
Ncaa Amateurism And Athletics: A Perfect Marriage Or A Dysfunctional Relationship? -An Antitrust Approach To Student-Athlete Compensation, Edward H. Grimmett
Ncaa Amateurism And Athletics: A Perfect Marriage Or A Dysfunctional Relationship? -An Antitrust Approach To Student-Athlete Compensation, Edward H. Grimmett
Touro Law Review
No abstract provided.
Trouble Abroad: Microsoft's Antitrust Problems Under The Law Of The European Union, Justin O'Dell
Trouble Abroad: Microsoft's Antitrust Problems Under The Law Of The European Union, Justin O'Dell
Georgia Journal of International & Comparative Law
No abstract provided.
An Overview Of The Draft China Antimonopoly Law, H. Stephen Harris Jr.
An Overview Of The Draft China Antimonopoly Law, H. Stephen Harris Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
When Bigger Is Better: A Critique Of The Herfindahl-Hirschman Index’S Use To Evaluate Mergers In Network Industries, Toby Roberts
When Bigger Is Better: A Critique Of The Herfindahl-Hirschman Index’S Use To Evaluate Mergers In Network Industries, Toby Roberts
Pace Law Review
This Article argues that the current framework used by the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) to evaluate mergers is inadequate in that it fails to account for network benefits. In particular, I argue for abandoning the use of the HHI in analyzing network industry mergers because the index generates little useful information about these mergers’ effect on consumer welfare. Part II describes the HHI’s historical and theoretical underpinnings and its integration into the current Merger Guidelines. Part III considers general objections to the HHI before turning to its problems in evaluating network industries. Part IV presents …
The Competing Approaches To The Foreign Trade Antitrust Improvements Act: A Fundamental Disagreement, Morgan Franz
The Competing Approaches To The Foreign Trade Antitrust Improvements Act: A Fundamental Disagreement, Morgan Franz
Pepperdine Law Review
This Comment explores the history and reasoning behind a recent reexamination of the FTAIA in light of Arbaugh v. Y & H Corp., examines both the propriety and the implications of the competing interpretations of the FTAIA, and argues that the resolution of the competing approaches is beyond the purview of the lower courts. Part II provides an overview of the extraterritorial reach of the Sherman Act leading up to the FTAIA, as well as the judicial treatment of the FTAIA prior to Arbaugh. Part III discusses the impact of Arbaugh and subsequent Supreme Court cases applying the “clearly states” …
Market Impact, Loss Causation And Multiple Regression Modeling - The Importance Of Modular Theories Of Damage Causation In Antitrust Class Certification Motion Practice After Comcast V. Behrend, Laurence A. Steckman, Robert E. Conner, Stuart J. Rosenthal
Market Impact, Loss Causation And Multiple Regression Modeling - The Importance Of Modular Theories Of Damage Causation In Antitrust Class Certification Motion Practice After Comcast V. Behrend, Laurence A. Steckman, Robert E. Conner, Stuart J. Rosenthal
Touro Law Review
No abstract provided.
Patent Misuse And Antitrust: Rebirth Or False Dawn?, Daryl Lim
Patent Misuse And Antitrust: Rebirth Or False Dawn?, Daryl Lim
Michigan Telecommunications & Technology Law Review
This Article examines how two recent cases, F.T.C. v. Actavis and Kimble v. Marvel Enterprises Inc. could affect both the equitable defense of patent misuse and the patent-antitrust interface more generally. It begins by tracing the history of patent misuse and its reformulation into an “antitrust-lite” doctrine by the Federal Circuit. This Article presents new empirical data confirming this reformulation, and unveils the surprising influence of the Seventh Circuit and the Chicago School on that reformulation. The Article then explores Actavis and Kimble. It explains why Actavis will catalyze more antitrust challenges when patent rights are exercised, and why it …
Pay-For-Delay Settlements In The Wake Of Actavis, Michael L. Fialkoff
Pay-For-Delay Settlements In The Wake Of Actavis, Michael L. Fialkoff
Michigan Telecommunications & Technology Law Review
“Pay-for-delay” settlements, also known as reverse payments, arise when a generic manufacturer pursues FDA approval of a generic version of a brand-name drug. If a patent protects the brand-name drug, the generic manufacturer has the option of contesting the validity of the patent or arguing that its product does not infringe the patent covering the brand-name drug. If the generic manufacturer prevails on either of these claims, the FDA will approve its generic version for sale. Approval of a generic version of a brand-name drug reduces the profitability of the brand-name drug by forcing the brand-name manufacturer to price its …
Foot Faults In Crunch Time: Temporal Variance In Sports Law And Antitrust Regulation, Jeffrey Standen
Foot Faults In Crunch Time: Temporal Variance In Sports Law And Antitrust Regulation, Jeffrey Standen
Pepperdine Law Review
No abstract provided.
The Penn State "Consent Decree": The Ncaa's Coercive Means Don't Justify Its Laudable Ends, But Is There A Legal Remedy?, Matthew J. Mitten
The Penn State "Consent Decree": The Ncaa's Coercive Means Don't Justify Its Laudable Ends, But Is There A Legal Remedy?, Matthew J. Mitten
Pepperdine Law Review
No abstract provided.
A Modest Proposal For Taming The Antitrust Beast, Gabe Feldman
A Modest Proposal For Taming The Antitrust Beast, Gabe Feldman
Pepperdine Law Review
No abstract provided.
An Antitrust Exemption For The Ncaa: Sound Policy Or Letting The Fox Loose In The Henhouse?, Daniel E. Lazaroff
An Antitrust Exemption For The Ncaa: Sound Policy Or Letting The Fox Loose In The Henhouse?, Daniel E. Lazaroff
Pepperdine Law Review
This Article focuses on the issues presented by the debate over granting the NCAA an exemption from federal antitrust law. Part II briefly describes the history of antitrust litigation involving the NCAA. Part III discusses some of the proposals for affording some type of antitrust immunity to the NCAA. Part IV explains the rationales utilized for some of the numerous antitrust exemptions Congress and the Supreme Court have created for some businesses and forms of commercial activity. Part V addresses the question of whether any of those rationales justifies providing the NCAA with a legislative or judicial antitrust exemption and …
Symposium Introduction: The New Normal In College Sports: Realigned And Reckoning, Maureen A. Weston
Symposium Introduction: The New Normal In College Sports: Realigned And Reckoning, Maureen A. Weston
Pepperdine Law Review
On Friday, April 5, 2013, Pepperdine University School of Law in Malibu, California convened the Pepperdine Law Review Symposium on The New Normal in College Sports: Realigned and Reckoning. Highlights included a conversation with institutional leaders of major intercollegiate athletic programs; a consideration of the possibility of an antitrust exemption for the NCAA; the impact of conference realignment, digital media, broadcasting, and commercialization; and other emerging hot topics in college sports.
Aftermarketfailure: Windows Xp's End Of Support, Andrew Tutt
Aftermarketfailure: Windows Xp's End Of Support, Andrew Tutt
Michigan Law Review First Impressions
After 12 years, support for Windows XP will end on April 8, 2014. So proclaims a Microsoft website with a helpful clock counting down the days. "What does this mean?" the website asks. "It means you should take action." You should "migrate to a current supported operating system - such as Windows 8.1 - so you can receive regular security updates to protect [your] computer from malicious attacks." The costs of mass migration will be immense. About 30% of all desktop PCs are running Windows XP right now. An estimated 10% of the U.S. government's computers run Windows XP, including …
Lessons From At&T'S Flop: How To Grow In The Technology Industry While Avoiding Section 7 Antitrust Obstacles, John Soma
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Politics In The American Airlines-U.S. Airways Merger And Antitrust Settlement, Michelle Chan
Politics In The American Airlines-U.S. Airways Merger And Antitrust Settlement, Michelle Chan
Fordham Journal of Corporate & Financial Law
American Airlines was one of the airline industry’s darlings. A legacy airline, it was a household name, a massive entity, employed thousands, and commanded a fearsome presence among other industry players like unions and airport terminals. However, with ballooning costs and the red ocean airline industry’s evolution, American Airlines’ parent company, AMR, was forced into bankruptcy in November 2011. To emerge from Chapter 11, American Airlines and U.S. Airways announced plans to merge and come out a stronger, larger airline in February 2013. The Department of Justice Antitrust Division shortly thereafter filed a lawsuit opposing the merger, alleging it would …
District Courts Versus The Usitc: Considering Exclusionary Relief For F/Rand-Encumbered Standard-Essential Patents, Helen H. Ji
District Courts Versus The Usitc: Considering Exclusionary Relief For F/Rand-Encumbered Standard-Essential Patents, Helen H. Ji
Michigan Telecommunications & Technology Law Review
Technological standards allow manufacturers and consumers to rely upon these agreed-upon basic systems to facilitate sales and further invention. However, where these standards involved patented technology, the process of standard-setting raises many concerns at the intersection of antitrust and patent law. As patent holders advocate for their patents to become part of technological standards, how should courts police this activity to prevent patent holdup and other anti-competitive practices? This Note explores the differing approaches to remedies employed by the United States International Trade Commission and the United States District Courts where standard-essential patents are infringed. This Note further proposes that …
Apple And Amazon’S Antitrust Antics: Two Wrongs Don’T Make A Right, But Maybe They Should, Kerry Gutknecht
Apple And Amazon’S Antitrust Antics: Two Wrongs Don’T Make A Right, But Maybe They Should, Kerry Gutknecht
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Understanding The Limits Of The Foreign Trade Antitrust Improvement Act Using Tort Law Principles As A Guide, Rene H. Dubois
Understanding The Limits Of The Foreign Trade Antitrust Improvement Act Using Tort Law Principles As A Guide, Rene H. Dubois
NYLS Law Review
No abstract provided.
Interactive Antitrust Federalism: Antitrust Enforcement In Tennessee Then And Now, Clark L. Hildabrand
Interactive Antitrust Federalism: Antitrust Enforcement In Tennessee Then And Now, Clark L. Hildabrand
Transactions: The Tennessee Journal of Business Law
In light of the recent debates surrounding the proper relationship between federal and state antitrust enforcement, this Paper explores the early years of state antitrust enforcement to see how the Sherman Act impacted state antitrust law. Since Tennessee was the location of the first federal case brought under the Sherman Act and has been involved in recent indirect purchaser action against Microsoft Corporation, this Paper particularly focuses on the development of antitrust law within Tennessee. Before the Sherman Act, Tennessee antitrust enforcement was limited to the narrow confines of common law restraint of trade, but the implementation of the Sherman …
Private Antitrust Enforcement And Tentative Steps Toward Collective Redress In Europe And The United Kingdom, Maria Teresa Vanikiotis
Private Antitrust Enforcement And Tentative Steps Toward Collective Redress In Europe And The United Kingdom, Maria Teresa Vanikiotis
Fordham International Law Journal
No abstract provided.