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Full-Text Articles in Law
Avoiding Market Definition Under Section 1 Of The Sherman Act, Johnny Shaw
Avoiding Market Definition Under Section 1 Of The Sherman Act, Johnny Shaw
Fordham Law Review
The 2018 U.S. Supreme Court decision in Ohio v. American Express Co. was at odds with a trend among antitrust commentators and enforcement authorities away from dependence on formal market definition as part of plaintiffs’ burden of proof. Reliance on market definition as a dispositive issue has been ubiquitous in antitrust cases, but the costs from errors, inefficiency, and uncertainty inherent in that approach are glaring. The issue is ripe for clarification, and this Note suggests a new rule to that end. The proposed rule aims to delineate a set of cases in which formal market definition can confidently be …
Amazon And Platform Antitrust, Ben Bloodstein
Amazon And Platform Antitrust, Ben Bloodstein
Fordham Law Review
With its decision in Ohio v. American Express, the U.S. Supreme Court for the first time embraced the recently developed, yet increasingly prolific, concept of the two-sided platform. Through advances in technology, platforms, which serve as intermediaries allowing two groups to transact, are increasingly ubiquitous, and many of the biggest tech companies operate in this fashion. Amazon Marketplace, for example, provides a platform for third-party vendors to sell directly to consumers through Amazon’s web and mobile interfaces. At the same time that platforms and their scholarship have evolved, a burgeoning antitrust movement has also developed which focuses on the …
Disagreeing Over Agreements: A Cross-Sectional Analysis Of No-Poaching Agreements In The Franchise Sector, Catherine E. Schaefer
Disagreeing Over Agreements: A Cross-Sectional Analysis Of No-Poaching Agreements In The Franchise Sector, Catherine E. Schaefer
Fordham Law Review
In October 2016, the Department of Justice Antitrust Division announced its intent to proceed criminally against parties to no-poaching agreements, or agreements between or among employers not to hire each other’s workers. Consequently, a wave of class action antitrust lawsuits has raised questions about the legality of no-poaching or no-hire provisions that certain franchised food businesses use. Fast-food restaurant chains, including McDonald’s, Carl’s Jr., and Pizza Hut, have recently found themselves embroiled in such litigation. This Note examines prior antitrust litigation involving no-poaching agreements between companies and discusses the differences and similarities between these cases and the cases involving franchised …
A History Of Competition: The Impact Of Antitrust On Hong Kong’S Telecommunications Markets, Sandra Marco Colino
A History Of Competition: The Impact Of Antitrust On Hong Kong’S Telecommunications Markets, Sandra Marco Colino
Fordham Intellectual Property, Media and Entertainment Law Journal
Hong Kong has only had cross-sector competition law since 2015, but the city’s telecommunications markets have been subject to sector-specific antitrust provisions for over two decades. The importance of nurturing an efficient, innovative, and competitive telecoms industry for Hong Kong’s economic prosperity was acknowledged already at the time the sector was liberalized in the 1990s. Yet until the late 2000s, the government vehemently opposed the adoption of competition law in virtually all other sectors of the economy. This paper examines the effectiveness of the regulatory framework set up to guarantee the protection of competition in the telecommunications sector in Hong …