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Antitrust and Trade Regulation Commons™
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Articles 1 - 5 of 5
Full-Text Articles in Antitrust and Trade Regulation
Antitrust Intent, Keith N. Hylton, Ronald A. Cass
Antitrust Intent, Keith N. Hylton, Ronald A. Cass
Faculty Scholarship
Many legal rules turn on a party's state of mind or intent with respect to some action or consequence. Legal scholars have long debated the contours of such requirements and the sorts of proof required for them. Intent has been an especially controversial issue in antitrust law. This paper provides a theory of legal standards that explains the role of intent analysis in antitrust and in other areas of the law. We argue that intent requirements, and many other legal rules, can be understood by focusing on the goal of minimizing the expected costs from legal errors. After developing a …
International Decision: Waste Management, Inc. V. Mexico, William S. Dodge
International Decision: Waste Management, Inc. V. Mexico, William S. Dodge
Faculty Scholarship
No abstract provided.
International Decisions: Metalclad Corp. V. Mexico And Mexico V. Metalclad Corp., William S. Dodge
International Decisions: Metalclad Corp. V. Mexico And Mexico V. Metalclad Corp., William S. Dodge
Faculty Scholarship
No abstract provided.
Remarks (Control And Appeal In Nafta Chapter Eleven Arbitration), William S. Dodge
Remarks (Control And Appeal In Nafta Chapter Eleven Arbitration), William S. Dodge
Faculty Scholarship
No abstract provided.
From The White Paper To The Proposal For A Council Regulation, Petros C. Mavroidis, Damien J. Neven
From The White Paper To The Proposal For A Council Regulation, Petros C. Mavroidis, Damien J. Neven
Faculty Scholarship
This Paper analyses how the network of enforcers envisaged in the Proposal for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the EC Treaty (September 2000) would operate. We identify four issues. First, we observe that the Proposal (unlike the White Paper) includes safeguards to avoid a shift of competence in favour of national competition laws, which may be questionable in terms of subsidiarity. Second, we recognise that the accountability of antitrust authorities might vary across the members of the network, so that, for instance, some authorities may be …