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Full-Text Articles in Antitrust and Trade Regulation

Monopolizing Sports Data, Marc Edelman, John T. Holden Oct 2021

Monopolizing Sports Data, Marc Edelman, John T. Holden

William & Mary Law Review

With legal sports betting viewed as a panacea for state budget woes across the United States, the underlying data that fuels the sports betting industry has emerged as an especially valuable asset. In the hopes of capitalizing on state laws that have now legalized sports betting, United States professional sports leagues have attempted to gain exclusive ownership rights over valuable sports betting data by asking legislators to mandate that bookmakers exclusively use data sold through the league. In addition, some sports leagues have imposed policies mandating that teams bundle together their collected data for purposes of selling it exclusively through …


No-Fault Digital Platform Monopolization, Marina Lao Feb 2020

No-Fault Digital Platform Monopolization, Marina Lao

William & Mary Law Review

The power of today’s tech giants has prompted calls for changes in antitrust law and policy which, for decades, has been exceedingly permissive in merger enforcement and in constraining dominant firm conduct. Economically, the fear is that the largest digital platforms are so dominant and its data advantage so substantial that competition is foreclosed, resulting in long-term harm to consumers and to the economy. But the concerns extend beyond economics. Critics worry, too, that the large platforms’ tremendous economic power poses risks of social and political harm and threatens our democracy. These concerns have prompted discussions of ways to reinvigorate …


Wickard Through An Antitrust Lens, Alan J. Meese Mar 2019

Wickard Through An Antitrust Lens, Alan J. Meese

William & Mary Law Review

No abstract provided.


More Than Just A Toothache? N.C. Dental Leaves Medical Boards Vulnerable: A Look At Telemedicine Companies And Antitrust Challenges To State Prescription Drug Rules, Alexander R. Kalyniuk Nov 2016

More Than Just A Toothache? N.C. Dental Leaves Medical Boards Vulnerable: A Look At Telemedicine Companies And Antitrust Challenges To State Prescription Drug Rules, Alexander R. Kalyniuk

William & Mary Business Law Review

Encouraged by technological advancements and favorable provisions within the Affordable Care Act, telemedicine companies that offer online doctor visits are thriving in the health care industry. Online doctor visits are a relatively new and cost-efficient method to provide medical care over long distances that do not require patients to step outside their homes. However, many state medical board scope-of-practice rules prohibit physicians from prescribing medications without an in-person physical examination of the patient, which impedes telemedicine companies from offering their online services in those states. To circumvent this barrier, telemedicine companies may have a prima facie case under § 1 …


Ncaa Scholarship Restrictions As Anticompetitive Measures: The One-Year Rule And Scholarship Caps As Avenues For Antitrust Society, Neil Gibson Feb 2012

Ncaa Scholarship Restrictions As Anticompetitive Measures: The One-Year Rule And Scholarship Caps As Avenues For Antitrust Society, Neil Gibson

William & Mary Business Law Review

By referencing the historical record to expose the NCAA’s one-year rule and per sport scholarship limits as cost-cutting, anticompetitive measures imposing harmful effects upon scholarship-seeking student athletes, this Note argues that despite the United States District Court for the Southern District of Indiana’s unfavorable ruling in Agnew v. NCAA, a Sherman Act claim against the NCAA linking bachelor’s degrees and scholarships could be legally viable. In particular, just application of the quick look rule of reason, an abbreviated form of antitrust analysis, could lead a court to find the NCAA’s one-year rule and per sport scholarship caps as violative of …


Antitrust Error, Alan Devlin, Michael Jacobs Oct 2010

Antitrust Error, Alan Devlin, Michael Jacobs

William & Mary Law Review

Fueled by economics, antitrust has evolved into a highly sophisticated body of law. Its malleable doctrine enables courts to tailor optimal standards to a wide variety of economic phenomena. Indeed, economic theory has been so revolutionary that modern U.S. competition law bears little resemblance to that which prevailed fifty years ago. Yet, for all the contributions of economics, its explanatory powers are subject to important limitations. Profound questions remain at the borders of contemporary antitrust enforcement, but answers remain elusive. It is because of the epistemological limitations of economic analysis that antitrust remains unusually vulnerable to error. The fear of …


Tying Conspiracies, Christopher R. Leslie May 2007

Tying Conspiracies, Christopher R. Leslie

William & Mary Law Review

Antitrust law has long condemned tying arrangements when they are imposed by a single dominant firm. However, tying jurisprudence does not recognize that tie-ins can also occur as the result of a conspiracy among competitors. Consequently, antitrust doctrine fails to appreciate the unique anticompetitive dangers of concerted tying arrangements. After providing real-world examples of tying conspiracies, Professor Leslie explains how concerted tying arrangements present a far greater threat to competitive markets than traditional, unilaterally imposed tying arrangements. Because tying jurisprudence evolved without considering the existence or effects of concerted tie-ins, the current test for evaluating the legality of tying arrangements …


The Procompetitive Interest In Intellectual Property Law, Thomas F. Cotter Nov 2006

The Procompetitive Interest In Intellectual Property Law, Thomas F. Cotter

William & Mary Law Review

When government recognizes intellectual property (IP) rights, it is often viewed as sanctioning the existence of private "monopolies," in contrast to the general antimonopoly thrust of the antitrust laws. And yet, on occasion IP law itself condemns conduct on the part of IP owners-or excuses otherwise infringing activity on the part of IP defendants-expressly for the purpose of promoting competition. It does so even though antitrust law -if one were to apply it at all under analogous circumstances-would not find anticompetitive harm without conducting a more thorough analysis of whether the antitrust defendant possesses power over a well-defined market. Salient …


Preventing Predatory Abuses In Litigation Between Business Competitors: Focusing On A Litigant's Reasons For Initiating The Litigation To Ensure A Balance Between The Constitutional Right To Petition And The Sherman Act's Guarantee Of Fair Competition In Business, Scott D. Helsel Mar 1995

Preventing Predatory Abuses In Litigation Between Business Competitors: Focusing On A Litigant's Reasons For Initiating The Litigation To Ensure A Balance Between The Constitutional Right To Petition And The Sherman Act's Guarantee Of Fair Competition In Business, Scott D. Helsel

William & Mary Law Review

No abstract provided.


Anti Trust - Personal Liability Of Corporate Officers Participating In Sherman Act Violations, Paul Auster Apr 1963

Anti Trust - Personal Liability Of Corporate Officers Participating In Sherman Act Violations, Paul Auster

William & Mary Law Review

No abstract provided.


Constitutional Law, Attempts To Monopolize A Method Of Doing Business, Daniel U. Livermore Jr. Mar 1960

Constitutional Law, Attempts To Monopolize A Method Of Doing Business, Daniel U. Livermore Jr.

William & Mary Law Review

No abstract provided.