Antitrust and Trade Regulation Commons^™

Complex Bundled Discounts And Antitrust Policy, Herbert Hovenkamp, Erik Hovenkamp

Buffalo Law Review

No abstract provided.

Cuarto Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Memorias del Cuarto Congreso Nacional de Organismos Públicos Autónomos

"El papel de los Organismos Públicos Autónomos en la Consolidación de la Democracia"

National Security Review Of Foreign Mergers And Acquisitions Of Domestic Companies In China And The United States, Kenneth Y. Hui

Cornell Law School Inter-University Graduate Student Conference Papers

China’s recently enacted Anti-Monopoly Law has received much academic attention. In particular, many articles and comments have been written about Article 31 of the Anti-Monopoly Law, a provision on national security review of foreign mergers and acquisitions of domestic companies. The provision has often been labelled as draconian and protectionist. This paper argues that Article 31 is not necessarily so. Article 31 is actually, to a large extent, in line with the national security provisions found in liberal economies. By taking a comparative approach, this paper will demonstrate the similarities between the national security laws in China and the United …

Trapped In A Metaphor: The Limited Implications Of Federalism For Corporate Governance, Robert B. Ahdieh

Faculty Scholarship

Trapped in a metaphor articulated at the founding of modern corporate law, the study of corporate governance has - for some thirty years - been asking the wrong questions. Rather than a singular race among states, whether to the bottom or the top, the synthesis of William Cary and Ralph Winter’s famous exchange is better understood as two competitions, each serving distinct normative ends. Managerial competition advances the project that has motivated corporate law since Adolf Berle and Gardiner Means - effective regulation of the separation of ownership and control. State competition, by contrast, does not promote a race to …

Mergers And Market Dominance, Herbert J. Hovenkamp

All Faculty Scholarship

Mergers involving dominant firms legitimately receive close scrutiny under the antitrust laws, even if they involve tiny firms. Further, they should be examined closely even in markets that generally exhibit low entry barriers. Many of the so-called "unilateral effects" cases in current merger law are in fact mergers that create dominant firms. The rhetoric of unilateral effects often serves to disguise this fact by presenting the situation as if it involves the ability of a small number of firms (typically two or three) in a much larger market to increase their price to unacceptable levels. In fact, if such a …

Thomas Hardy’S Tess Of The D’Urbervilles, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Rights Of Arrested Person- Case Analysis, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Violation Of Right To Way, Right To Access Of Light And Right To Access Of Air And Other Easementary Rights, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Comparative Study Of The Prinicples Of Contract Formation Of India, China, Usa And France, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Non Resumption Of Cohabatation As A Fault Ground Of Divorce Under The Hindu Marriage Act, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Why Did Anyone Listen To The Rating Agencies After Enron?, Claire A. Hill

Journal of Business & Technology Law

No abstract provided.

An Aggregate Approach To Antitrust: Using New Data And Rulemaking To Preserve Drug Competition, C. Scott Hemphill

Center for Contract and Economic Organization

This Article examines the "aggregation deficit" in antitrust: the pervasive lack of information, essential to choosing an optimal antitrust rule, about the frequency and costliness of anticompetitive activity. By synthesizing available information, the present analysis helps close the information gap for an important, unresolved issue in U.S. antitrust policy: patent settlements between brand-name drug makers and their generic rivals. The analysis draws upon a new dataset of 143 such settlements.

Due to the factual complexity of individual brand-generic settlements, important trends and arrangements become apparent only when multiple cases are examined collectively. This aggregate approach provides valuable information that can …

So Now Who Is Special?: Business Model Shifts Among Firms That Borrow To Lend, José Gabilondo

Journal of Business & Technology Law

No abstract provided.

Rating Agencies And Reputational Risk, David Reiss

Journal of Business & Technology Law

No abstract provided.

Confessions Of A Whistleblower: The Need To Reform The Whistleblower Provision Of The Sarbanes-Oxley Act, 43 J. Marshall L. Rev. 241 (2009), Jisoo Kim

UIC Law Review

No abstract provided.

The Subprime Meltdown: Causes, Consequences, And Solutions

Journal of Business & Technology Law

No abstract provided.

The Legacy Of Deregulation And The Financial Crisis: Linkages Between Deregulation In Labor Markets, Housing Finance Markets, And The Broader Financial Markets, Damon Silvers, Heather Slavkin

Journal of Business & Technology Law

No abstract provided.

Reflections On State Regulation: A Lesson Of The Economic Turmoil Of 2007-2009 , Ralph S. Tyler, Karen Stakem Hornig

Journal of Business & Technology Law

No abstract provided.

Competition Policy And Comparative Corporate Governance Of State-Owned Enterprises, D. Daniel Sokol

UF Law Faculty Publications

The legal origins literature overlooks a key area of corporate governance-the governance of state-owned enterprises ("SOEs"). There are key theoretical differences between SOEs and publicly-traded corporations. In comparing the differences of both internal and external controls of SOEs, none of the existing legal origins allow for effective corporate governance monitoring. Because of the difficulties of undertaking a cross-country quantitative review of the governance of SOEs, this Article examines, through a series of case studies, SOE governance issues among postal providers. The examination of postal firms supports the larger theoretical claim about the weaknesses of SOE governance across legal origins. In …

Leveraged Liquidity: Bear Raids And Junk Loans In The New Credit Market, Jose M. Gabilondo

Faculty Publications

No abstract provided.

Regulatory Competition, Choice Of Forum And Delaware’S Stake In Corporate Law, Faith Stevelman

Articles & Chapters

As Delaware corporate law confronts the twenty-first-century global economy, the state's legislators and jurists are becoming sensitive to increased threats to the law's sustained preeminence. The increased presence of federal laws and regulations in areas of corporate governance traditionally allocated to the states has been widely noted. The growth of federal corporate law standards may be undermining Delaware's confidence in the sustained prosperity of its chartering business - which has been a vital source of revenues and prestige for Delaware, its equity courts, and especially its corporate bar. The Delaware Court of Chancery appears to be concerned about the emigration …

The Empagran Exception: Between Illinois Brick And A Hard Place, Victor P. Goldberg

Faculty Scholarship

Before it was uncovered and prosecuted, the international vitamin cartel, known as "Vitamins, Inc." by its perpetrators, was extraordinarily successful. Estimates of cartel profits run as high as $18 billion (in 2003 dollars). In addition to substantial criminal sanctions, cartel members paid over $2 billion to American plaintiffs. When foreign plaintiffs tried to sue the foreign defendants in American courts, however, they encountered resistance. A trial court read the Foreign Trade Antitrust Improvements Act ("FTAIA") to restrict the reach of the Sherman Act and preclude foreign purchasers from suing the foreign defendants. The D.C. Circuit reversed, holding that the facts …

Cyber Crimes And Effectiveness Of Laws In India To Control Them, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.