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Articles 1 - 24 of 24
Full-Text Articles in Law
Privacy, Antitrust, And Power, Frank Pasquale
Privacy, Antitrust, And Power, Frank Pasquale
Faculty Scholarship
When a dominant internet service collects information about its users, the situation is so far from the usual arm’s-length market transaction that neoclassical economic analysis is misleading. “Lack of surveillance” is not a product that individuals have varying preferences for and purchase accordingly. Rather, surveillance is an inevitable concomitant of life online. We need to tame the power that surveillance entails, rather than continuing to pursue illusory, surveillance-free alternatives on the platform level.
To the extent a company creates profiles of individuals and collects data on them, a third party ought to be collecting reports from the company on how …
"No Inventions, No Innovations": Reassessing The Government's Antitrust Case Against United States Steel Corporation, Guy B. Maseritz
"No Inventions, No Innovations": Reassessing The Government's Antitrust Case Against United States Steel Corporation, Guy B. Maseritz
Journal of Business & Technology Law
No abstract provided.
Dominant Search Engines: An Essential Cultural & Political Facility, Frank Pasquale
Dominant Search Engines: An Essential Cultural & Political Facility, Frank Pasquale
Faculty Scholarship
When American lawyers talk about "essential facilities," they are usually referring to antitrust doctrine that has required certain platforms to provide access on fair and nondiscriminatory terms to all comers. Some have recently characterized Google as an essential facility. Antitrust law may shape the search engine industry in positive ways. However, scholars and activists must move beyond the crabbed vocabulary of competition policy to develop a richer normative critique of search engine dominance.
In this chapter, I sketch a new concept of "essential cultural and political facility," which can help policymakers recognize and address situations where a bottleneck has become …
Credit Suisse V. Billing: The Limited Impact On Application Of Antitrust Laws In Federally Regulated Industries Following The 2008 Financial Crisis And Beyond, Jessica A. Rebarber
Credit Suisse V. Billing: The Limited Impact On Application Of Antitrust Laws In Federally Regulated Industries Following The 2008 Financial Crisis And Beyond, Jessica A. Rebarber
Journal of Business & Technology Law
No abstract provided.
Cooper V. Mcclure: The Difficulty Of Proving Antitrust Violations And The Need For A False Claims Act, Esther Lee
Cooper V. Mcclure: The Difficulty Of Proving Antitrust Violations And The Need For A False Claims Act, Esther Lee
Journal of Business & Technology Law
No abstract provided.
Rankings, Reductionism, And Responsibility, Frank Pasquale
Rankings, Reductionism, And Responsibility, Frank Pasquale
Faculty Scholarship
After discussing how search engines operate, and sketching a normative basis for regulation of the rankings they generate, this piece proposes some minor, non-intrusive legal remedies for those who claim that they are harmed by search engine results. Such harms include unwanted (but high-ranking) results relating to them, or exclusion from high-ranking results they claim they are due to appear on. In the first case (deemed inclusion harm), I propose a right not to suppress the results, but merely to add an asterisk to the hyperlink directing web users to them, which would lead to the complainant's own comment on …
Beyond Napster: Using Antitrust Law To Advance And Enhance Online Music Distribution, Matthew Fagin, Frank Pasquale, Kim Weatherall
Beyond Napster: Using Antitrust Law To Advance And Enhance Online Music Distribution, Matthew Fagin, Frank Pasquale, Kim Weatherall
Faculty Scholarship
What should be the broad principles guiding the copyright and competition policy governing online music? In short, what are the key concerns or values that we want preserved in relation to the distribution of music online? We will outline the background to the present investigations and existing law in Part I and argue in Part II that these concerns can be encapsulated in two broad areas: (1) the preservation of some scope for private and personal use and (2) the encouragement and growth of a diverse sector for the distribution of copyrighted works online. We also argue that, at least …
Extraterritorial Application Of The Federal Antitrust Laws: Expanding Their Criminal Reach Under Nippon Paper, James A. Griffith
Extraterritorial Application Of The Federal Antitrust Laws: Expanding Their Criminal Reach Under Nippon Paper, James A. Griffith
Maryland Journal of International Law
No abstract provided.
The Boeing/Mcdonnell Douglas Merger: The European Commission's Costly Failure To Properly Enforce The Merger Regulation, Jeffrey A. Miller
The Boeing/Mcdonnell Douglas Merger: The European Commission's Costly Failure To Properly Enforce The Merger Regulation, Jeffrey A. Miller
Maryland Journal of International Law
No abstract provided.
Professional Sports Franchise Relocations From Private Law And Public Law Perspectives: Balancing Marketplace Competition, League Autonomy, And The Need For A Level Playing Field, Matthew J. Mitten, Bruce W. Burton
Professional Sports Franchise Relocations From Private Law And Public Law Perspectives: Balancing Marketplace Competition, League Autonomy, And The Need For A Level Playing Field, Matthew J. Mitten, Bruce W. Burton
Maryland Law Review
No abstract provided.
European Competition Law: Managing The "Chameleon" Of Antitrust - Technology Joint Ventures, A. Lynne Puckett
European Competition Law: Managing The "Chameleon" Of Antitrust - Technology Joint Ventures, A. Lynne Puckett
Maryland Journal of International Law
No abstract provided.
Market Power Through Imperfect Information: The Staggering Implications Of Eastman Kodak Co. V. Image Technical Services And A Modest Proposal For Limiting Them, Michael S. Jacobs
Market Power Through Imperfect Information: The Staggering Implications Of Eastman Kodak Co. V. Image Technical Services And A Modest Proposal For Limiting Them, Michael S. Jacobs
Maryland Law Review
No abstract provided.
Antitrust Immunity For Local Governments: Maryland's Response In The Wake Of Boulder
Antitrust Immunity For Local Governments: Maryland's Response In The Wake Of Boulder
Maryland Law Review
No abstract provided.
Can Conspiracy Theory Solve The "Oligopoly Problem"?, Randall David Marks
Can Conspiracy Theory Solve The "Oligopoly Problem"?, Randall David Marks
Maryland Law Review
No abstract provided.
Antitrust And American Business Abroad, By James R. Atwood And Kingman Brewster, Ernest C. Stiefel, Peter Fuerle
Antitrust And American Business Abroad, By James R. Atwood And Kingman Brewster, Ernest C. Stiefel, Peter Fuerle
Maryland Journal of International Law
No abstract provided.
Judicial Abstention Through The Act Of State Doctrine. International Association Of Machinists V. Organization Of Petroleum Exporting Countries, 649 F.2d 1354 (9th Cir. 1981), Richard Bardos
Maryland Journal of International Law
No abstract provided.
The Right To Jury Trial In Complex Litigation: In Re Japanese Electronic Products Antitrust Litigation [1980-2] Trade Cases (Cch) 63,421 (3d Cir., July 7, 1980) , Kenneth D. Pack
The Right To Jury Trial In Complex Litigation: In Re Japanese Electronic Products Antitrust Litigation [1980-2] Trade Cases (Cch) 63,421 (3d Cir., July 7, 1980) , Kenneth D. Pack
Maryland Journal of International Law
No abstract provided.
Fimex Corp. V. Barmatic Products Co.: Robinson-Patman Act - Application To Goods Purchased For Resale Abroad, David Salem
Fimex Corp. V. Barmatic Products Co.: Robinson-Patman Act - Application To Goods Purchased For Resale Abroad, David Salem
Maryland Journal of International Law
No abstract provided.
Antitrust Law Of The European Economic Community - An Interpretation Of Articles 85 And 86 Of The Treaty Of Rome, Susan Sugar Nathan
Antitrust Law Of The European Economic Community - An Interpretation Of Articles 85 And 86 Of The Treaty Of Rome, Susan Sugar Nathan
Maryland Journal of International Law
No abstract provided.
Gasoline Marketing Practices And "Meeting Competition" Under The Robinson-Patman Act: Maryland's Response To Direct Retail Marketing By Oil Companies
Maryland Law Review
No abstract provided.
Applying The Sherman Act To Restrictive Practices Of The Legal Profession
Applying The Sherman Act To Restrictive Practices Of The Legal Profession
Maryland Law Review
No abstract provided.
The Rule Of Reason Under Article 85(1) Of The Treaty Of Rome And Vertical Distributorship Agreements In European Economic Community Antitrust Case Law , Stuart S. Malawer
The Rule Of Reason Under Article 85(1) Of The Treaty Of Rome And Vertical Distributorship Agreements In European Economic Community Antitrust Case Law , Stuart S. Malawer
Maryland Law Review
No abstract provided.
Damages Under The Robinson-Patman Act
Antitrust: Use Of The Judicial Or Administrative Adjudicatory Process Should Be Exempt From The Antitrust Laws - Trucking Unlimited V. California Motor Transport Co.
Maryland Law Review
No abstract provided.