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Antitrust Class Actions In The Wake Of Procedural Reform, Christine P. Bartholomew
Antitrust Class Actions In The Wake Of Procedural Reform, Christine P. Bartholomew
Indiana Law Journal
What is the current vitality of antitrust enforcement? Antitrust class actions—the primary mode of competition oversight—has weathered two decades of procedural reform. This Article documents the effects of those reforms. Relying on an original dataset of over 1300 antitrust class action settlements, this Article finds such cases alive but far from well. Certain suits do succeed on an impressive scale, returning billions of dollars to victims. But class action reform has made antitrust enforcement narrower, more time-consuming, and costlier than only a decade ago. And, as this Article’s sources reveal, new battle lines are forming. Across the political spectrum, people …
The Case For Preemptive Oligopoly Regulation, Jeffrey D. Manns
The Case For Preemptive Oligopoly Regulation, Jeffrey D. Manns
Indiana Law Journal
One of the few things former President Donald Trump and leading Democrats appear to agree on is the need to subject Big Technology (“Big Tech”) firms to antitrust scrutiny. But unsurprisingly they disagree about how to address the problem. Senator Elizabeth Warren and many other leading Democrats have called for breaking up large technology firms, such as Google, Amazon, and Facebook, in a revival of the trust-busting progressive era of the early twentieth century. In contrast, the Trump administration triggered more traditional antitrust monopoly review of potential anticompetitive activities of a number of leading technology firms, which is more likely …
Taming Sherman's Wilderness, Derrian Smith
Taming Sherman's Wilderness, Derrian Smith
Indiana Law Journal
This Note proceeds in four Parts. Part I outlines the interpretive difficulties spawned by the vagueness of the Sherman Act—particularly, the judiciary’s necessary but undeniable departures from the text of the statute and the resulting doctrinal confusion. Part II considers ways in which the judiciary’s decision-making in Sherman Act cases approximates agency rulemaking and whether it makes sense to delegate interpretive authority to an antitrust agency. Yet, while the agency solution has upside, it would not easily escape criticisms that the Act does not provide sufficient notice of the conduct it proscribes and that the Act is an impermissible delegation …
Capitalism, The United States Constitution And The Supreme Court, Part 2, Hugh Evander Willis
Capitalism, The United States Constitution And The Supreme Court, Part 2, Hugh Evander Willis
Articles by Maurer Faculty
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