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Full-Text Articles in Jurisprudence
Anti-Fraud Provisions Of The Securities Act; Erisa; Pension Plans; Section 17(A) Private Right Of Action; Daniel V. International Brotherhood Of Teamsters, Marlene P. Emery, Barbara M. Heinzerling
Anti-Fraud Provisions Of The Securities Act; Erisa; Pension Plans; Section 17(A) Private Right Of Action; Daniel V. International Brotherhood Of Teamsters, Marlene P. Emery, Barbara M. Heinzerling
Akron Law Review
In Daniel v. International Brotherhood of Teamsters the Seventh Circuit Court of Appeals held that the federal securities laws apply to disclosure of information regarding employee pension and profit sharing plans. In an era when disclosure of information has become mandatory and commonplace, it is not surprising that relevant information on pension plans should be disclosed to employees. The important aspect of this case is that disclosure was required under the anti-fraud provisions of the federal securities laws, rather than under the provisions of the Employee Retirement Income Security Act (ERISA). Questions concerning the Securities and Exchange Commission's jurisdiction over …
Refusals To Deal By Monopolists - Recent Decisions, Thomas J. Collin
Refusals To Deal By Monopolists - Recent Decisions, Thomas J. Collin
Akron Law Review
This article will review and evaluate these recent principal cases, both judicial and administrative, in which single-firm refusals to deal by monopolists have been challenged under section 2 of the Sherman Act or, by analogy, under section 5 of the Federal Trade Commission Act. It will demonstrate that there is no reason to depart from conventional monopolization analysis in deciding these cases.
Three Strikes And You're Out: An Investigation Of Professional Baseball's Antitrust Exemption, H. Ward Classen
Three Strikes And You're Out: An Investigation Of Professional Baseball's Antitrust Exemption, H. Ward Classen
Akron Law Review
This Article will examine the economic structure of the professional sports industry, explore professional baseball's judicially created exemption from antitrust laws and discuss the impact of the Federal Baseball Club v. National League and subsequent decisions on the professional sports industry. Finally, this Article will demonstrate that while baseball's antitrust exemption may have been justified sixty-five years ago, it now promotes economic inefficiency and infringes upon the constitutional rights of professional baseball players to freely market their talents.