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Ftc V. Phoebe Putney And Municipalities As Nongovernments, Peter F. Nascenzi
Ftc V. Phoebe Putney And Municipalities As Nongovernments, Peter F. Nascenzi
Northwestern University Law Review
American courts have long struggled with categorizing municipalities. They treat municipalities sometimes as private corporations, sometimes as governmental bodies, and sometimes as something in between. This uncertainty provides a shaky foundation for local government law and hampers its development. Local governments are not sure of their powers, and states are unable to create a comprehensive vision of municipal governance. When federal law is involved, the situation is muddled further.
In FTC v. Phoebe Putney, the Supreme Court’s application of the state action doctrine unnecessarily injected federal antitrust law into the relationship between states and municipalities. The state action doctrine …
Antitrust Arbitration And Merger Approval, Mark A. Lemley, Christopher R. Leslie
Antitrust Arbitration And Merger Approval, Mark A. Lemley, Christopher R. Leslie
Northwestern University Law Review
In a string of recent opinions, the Supreme Court has made it harder for consumers to avoid arbitration clauses, even when businesses strategically insert provisions in them that effectively prevent consumers from being able to bring any claim in any forum.
Arbitration differs from litigation in ways that harm the interests of consumer antitrust plaintiffs. For example, arbitration limits discovery and has no meaningful appeals process. Furthermore, defendants use the terms in arbitration clauses to prevent class actions and to undercut the pro-plaintiff features of antitrust law, including mandatory treble damages, meaningful injunctive relief, recovery of attorneys’ fees, and a …