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Articles 1 - 18 of 18
Full-Text Articles in Antitrust and Trade Regulation
Reviving An Epithet: A New Way Forward For The Essential Facilities Doctrine, Sandeep Vaheesan
Reviving An Epithet: A New Way Forward For The Essential Facilities Doctrine, Sandeep Vaheesan
Sandeep Vaheesan
For sound economic reasons, the antitrust laws, in general, do not require firms to share their assets with rivals. When a particular asset has natural monopoly characteristics and is used as an input in other markets, however, the essential facilities doctrine requires that the asset be shared with firms in related markets. In recent decades, the Supreme Court and leading scholars have criticized the doctrine, claiming it is economically inefficient and taxes the institutional capacity of the judiciary.
Historically, the courts most often applied the doctrine to tangible natural monopolies like electric transmission grids and bottleneck railroad lines. In recent …
From Energy Sector Inquiry To Recent Antitrust Decisions In European Energy Markets: Competition Law As A Means To Implement Energy Sector Regulation In Eu, Michael Diathesopoulos
From Energy Sector Inquiry To Recent Antitrust Decisions In European Energy Markets: Competition Law As A Means To Implement Energy Sector Regulation In Eu, Michael Diathesopoulos
Michael Diathesopoulos
This paper presents the conceptual path followed by European Union, European Commission and European Competition Network, after the Energy Sector Inquiry (2007) towards the realisation of the objective of an Energy Internal Market, fully functional and open to competition. Firstly, we examine the findings of Sector Inquiry and then we describe how the Third Energy Package - that followed - tried to address the issues highlighted by the Inquiry and how Third Energy Package introduces a promising but complex system, in order to develop sector rules. Following the above, we proceed to a brief but close examination of 10 recent …
Public Choice Y Derecho De La Competencia: A Propósito Del Caso Clorox Y Los Acuerdos Colusorios Verticales, Óscar Súmar
Public Choice Y Derecho De La Competencia: A Propósito Del Caso Clorox Y Los Acuerdos Colusorios Verticales, Óscar Súmar
Oscar Súmar
No abstract provided.
Federalism And Concurrent Jurisdiction In Global Markets: Why A Combination Of National And State Antitrust Enforcement Is A Model For Effective Economic Regulation, Katherine M. Jones
Federalism And Concurrent Jurisdiction In Global Markets: Why A Combination Of National And State Antitrust Enforcement Is A Model For Effective Economic Regulation, Katherine M. Jones
Katherine M. Jones
The focus of the article is on the proper role of U.S. state governments in regulating international business. The specific issue analyzed is the desirability of having state attorneys general enforce federal antitrust laws in global markets concurrently with federal antitrust regulators. Congress granted state officials this power in 1976. In 2009, however, a large proportion of the world’s commerce is now conducted in international, rather than national markets. This development has led Judge Richard A. Posner and others to advocate that the states be stripped of their statutory power to enforce federal antitrust laws on behalf of their residents …
An Economic Assessment Of Patent Settlements In The Pharmaceutical Industry, Bret Dickey, Jonathan Orszag, Laura Tyson
An Economic Assessment Of Patent Settlements In The Pharmaceutical Industry, Bret Dickey, Jonathan Orszag, Laura Tyson
Bret Dickey
In recent years, patent settlements between branded and generic manufacturers involving “reverse payments” from branded manufacturers to generic manufacturers have received close antitrust scrutiny, driven by concerns that such settlements harm consumers by delaying the entry of lower-priced generic drugs. It appears that such settlements will be a focus of the Obama Administration’s antitrust enforcement policy. Yet there is a growing consensus among the courts that such settlements are anticompetitive only under narrow sets of circumstances. In this paper, we present an analytical framework for evaluating the competitive effects of patent settlements, including those involving reverse payments, and demonstrate that …
Department Stores On Sale: An Antitrust Quandary, Mark D. Bauer
Department Stores On Sale: An Antitrust Quandary, Mark D. Bauer
Mark D Bauer
In 2005, Macy’s bought its largest competitor, May Department Stores, for $17 billion. The resulting combination created a department store behemoth with over one thousand stores across the United States. Despite protests by the attorneys general of a number of states, and consumers and advocacy groups around the country, the Federal Trade Commission (“FTC”) blessed this merger without requiring any modification in its terms. And according to law and economics scholars, this merger had no substantive impact on consumers, competition or consumer welfare.
My empirical research, published in an earlier law review article, showed that Macy’s now charges consumers 13% …
Regional Competition Law Agreements: An Important Step For Antitrust Enforcement, Michal Gal
Regional Competition Law Agreements: An Important Step For Antitrust Enforcement, Michal Gal
Michal Gal
This essay argues that regional competition law agreements on joint enforcement and advocacy (RJCAs) hold an important potential to solve many of the enforcement problems that small and developing jurisdictions face and can provide additional benefits that go beyond such solutions. It also argues that the costs involved in such agreements are not prohibitive and that many of these costs can be overcome by structuring appropriate solutions. Accordingly, RJCAs have the potential to create Pareto superior solutions to enforcement problems relative to unilateral enforcement. The essay then broadens the analysis to the potential effects of RJCAs on non-member states. It …
Expansion And Contraction In Monopolization Law, Michal Gal, Spencer Waller Weber, Avishalom Tor
Expansion And Contraction In Monopolization Law, Michal Gal, Spencer Waller Weber, Avishalom Tor
Michal Gal
This article introduces a special symposium issue of the Antitrust Law Journal based on a conference on monopolization. It argues that monopolization law has been experiencing simultaneous expansion and contraction processes that are not wholly contradictory but at least partly complementary. Specifically, the authors suggest that the contraction of monopolization law in the United States and the EU might serve to facilitate its expansion and increased importance worldwide, providing other antitrust regimes with more focused and effective tools to address the challenges involved in regulating dominant firms. Moreover, monopolization law's increased reach internationally also has made its refinement and rationalization …
The Follower Phenomenon: Implications For The Design Of Monopolization Rules In A Global Economy, Michal Gal, Jorge A. Padilla
The Follower Phenomenon: Implications For The Design Of Monopolization Rules In A Global Economy, Michal Gal, Jorge A. Padilla
Michal Gal
Laws are oftentimes modeled, at least in part, on those of jurisdictions with established antitrust regimes, a trend we call “the follower phenomenon.” Follower behavior might involve a transplant of a legal rule, its interpretation, or both.
This article analyzes the main causes of the follower phenomenon in antitrust and its welfare effects, both on the following jurisdiction and on the followed one. It argues that the proliferation of one's antitrust prohibitions can sometimes act as a boomerang, negatively affecting the welfare of the followed jurisdiction as well as third jurisdictions. This boomerang effect can result from three main causes: …
Striking An Efficient Balance: Making Sense Of Antitrust Standing In Class Action Certification Motions, Kelly J. Bozanic
Striking An Efficient Balance: Making Sense Of Antitrust Standing In Class Action Certification Motions, Kelly J. Bozanic
Kelly J. Bozanic
Class actions are powerful litigation devices, especially in antitrust cases. Plaintiffs who otherwise would not have the economic incentive to pursue judicial redress are vested with status as equal players in the commercial marketplace. The aims of both the antitrust laws and Rule 23(b)(3) of the Federal Rules of Civil Procedure are served through class actions, yet class actions also bear the potential of negatively impacting the consuming public. This is so, because district court judges considering certification motions face seemingly contradictory standards when it comes to certifying an antitrust class. As a result, plaintiff classes are often given an …
The Reasonable Certainty Requirement In Lost Profits Litigation: What It Really Means, Robert M. Lloyd
The Reasonable Certainty Requirement In Lost Profits Litigation: What It Really Means, Robert M. Lloyd
Robert M Lloyd
This article explains the factors courts consider when determining whether to award damages for lost profits. It contains an extensive review of the case law.
Lessons For Competition Law From The Economic Crisis: The Prospect For Antitrust Responses To The 'Too-Big-To-Fail' Phenomenon, Jesse Markham
Lessons For Competition Law From The Economic Crisis: The Prospect For Antitrust Responses To The 'Too-Big-To-Fail' Phenomenon, Jesse Markham
Jesse Markham
This article explores the failure of antitrust law to prevent or intercede to remedy the catastrophic failures of large enterprises. Given the historic focus of antitrust on problems relating to the dangers of out-sized business enterprise, the failure of antitrust in this regard raises interesting questons about whether its mission has drifted from the law's original intent. The article explores the current relationship between antitrust rules and "bigness" and offers a modest proposal for reviving antitrust as a public policy tool that might help to address the too-big-to-fail phenomenon.
Monitoring Managers Through Corporate Compliance Programs, Charles Angelucci, Martijn Han
Monitoring Managers Through Corporate Compliance Programs, Charles Angelucci, Martijn Han
Martijn A. Han
Compliance programs entail monitoring of employees' behavior with the claimed objective of fighting corporate crime. (Competition) Authorities promote such intra-firm monitoring. In a three-tier hierarchy model, authority-shareholder-manager, we study the impact of monitoring through a compliance program on contracting within the firm and the authority's optimal sanctions and leniency policy. We find that compliance programs are beneficial in the fight against corporate crime if and only if the managerial sanction is low. Moreover, when the shareholder blows the whistle, the authority optimally grants partial corporate leniency, while not granting individual leniency to the involved employees. Conversely, when the employee blows …
Of Vulnerable Monopolists?: Questionable Innovation In The Standard For Class Certification In Antitrust Cases, Joshua P. Davis, Eric L. Cramer
Of Vulnerable Monopolists?: Questionable Innovation In The Standard For Class Certification In Antitrust Cases, Joshua P. Davis, Eric L. Cramer
Joshua P. Davis
Some courts appear to have begun to revise the standard for granting class certification, including in antitrust cases. The new standard, if there is one, may empower courts to find facts relevant to the merits in a way that historically they have not been permitted to do. If courts are ratcheting up the standard at class certification by forcing plaintiffs to make a showing on the merits, then it seems an unfortunate development for various reasons. First, the rationale for the change is unsubstantiated and implausible. Neither theory nor evidence supports the claim that corporations settle meritless class actions with …
Expansion And Contraction In Monopolization Law, Michal Gal, Spencer Waller Weber, Avishalom Tor
Expansion And Contraction In Monopolization Law, Michal Gal, Spencer Waller Weber, Avishalom Tor
Avishalom Tor
This article introduces a special symposium issue of the Antitrust Law Journal based on a conference on monopolization. It argues that monopolization law has been experiencing simultaneous expansion and contraction processes that are not wholly contradictory but at least partly complementary. Specifically, the authors suggest that the contraction of monopolization law in the United States and the EU might serve to facilitate its expansion and increased importance worldwide, providing other antitrust regimes with more focused and effective tools to address the challenges involved in regulating dominant firms. Moreover, monopolization law's increased reach internationally also has made its refinement and rationalization …
Antitrust, Class Certification, And The Politics Of Procedure, Joshua P. Davis, Eric L. Cramer
Antitrust, Class Certification, And The Politics Of Procedure, Joshua P. Davis, Eric L. Cramer
Joshua P. Davis
This Article develops two arguments against a possible trend in federal appellate courts toward imposing a new, heightened standard for class certification in antitrust cases. Recent case law can be read to imply that trial judges may make findings of fact on the merits in deciding class certification, including about whether plaintiffs will be able to show with class-wide evidence that every class member was harmed by allegedly anticompetitive conduct. The first argument is that the potential new standard would require a showing at class certification on an issue—whether all class members were injured—that plaintiffs need not, and typically do …
Fixing Merger Litigation "Fixes": Reforming The Litigation Of Proposed Merger Remedies Under Section 7 Of The Clayton Act, Thomas J. Horton
Fixing Merger Litigation "Fixes": Reforming The Litigation Of Proposed Merger Remedies Under Section 7 Of The Clayton Act, Thomas J. Horton
Thomas J. Horton
No abstract provided.
Framing Franchise In Antitrust Litigation-The Legacy Of Kodak And Queen City Pizza.Pdf, Randy D. Gordon
Framing Franchise In Antitrust Litigation-The Legacy Of Kodak And Queen City Pizza.Pdf, Randy D. Gordon
Randy D. Gordon