Constitutional Law, Import-Export Clause: Non-Discriminatory, Fairly Apportioned Excise Tax Applied To Stevedoring Companies Loading And Unloading Goods In Imports And Export Transit Does Not Constitute An Import Or Duty Within The Prohibition Of The Import-Export Clause, 2015 University of Georgia School of Law
Constitutional Law, Import-Export Clause: Non-Discriminatory, Fairly Apportioned Excise Tax Applied To Stevedoring Companies Loading And Unloading Goods In Imports And Export Transit Does Not Constitute An Import Or Duty Within The Prohibition Of The Import-Export Clause, Tony G. Mills
Georgia Journal of International & Comparative Law
No abstract provided.
In Defense Of Sports Antitrust Law: A Response To Law Review Articles Calling For The Administrative Regulation Of Commercial Sports, 2015 City University of New York, Baruch College
In Defense Of Sports Antitrust Law: A Response To Law Review Articles Calling For The Administrative Regulation Of Commercial Sports, Marc Edelman
Washington and Lee Law Review Online
In recent years, two law review articles have proposed that the United States regulate commercial sports through a direct federal commission, rather than through traditional antitrust remedies. Nevertheless, the practical realities of commercial sports’ power to influence government policy offset the many theoretical advantages to creating a specialized regulatory body to oversee commercial sports. The commercial sports industry already possesses an extraordinarily strong lobbying arm that has successfully lobbied for special legislation, such as the Sports Broadcasting Act of 1961 and the Professional and Amateur Sports Protection Act of 1992. If commercial sports ever were to become administratively regulated, sports ...
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, 2015 University of Michigan - Dearborn
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Nehal A. Patel
Over thirty years have passed since the Bhopal chemical disaster began, and in that time scholars of corporate social responsibility (CSR) have discussed and debated several frameworks for improving corporate response to social and environmental problems. However, CSR discourse rarely delves into the fundamental architecture of legal thought that often buttresses corporate dominance in the global economy. Moreover, CSR discourse does little to challenge the ontological and epistemological assumptions that form the foundation for modern economics and the role of corporations in the world.
I explore methods of transforming CSR by employing the thought of Mohandas Gandhi. I pay ...
Is It Time To Give Up On Antitrust Law For Pro Sports?, 2015 University of Toledo College of Law
Is It Time To Give Up On Antitrust Law For Pro Sports?, Geoffrey Rapp
Washington and Lee Law Review Online
Professor Nathaniel Grow has produced a creative, thoroughly researched piece arguing that antitrust has failed in the context of professional sports and calling for the creation of a national-level federal regulatory agency to address anticompetitive conduct by the major leagues. I respond to his diagnosis of antitrust’s failings and to his prescription.
Appraising Merger Efficiencies, 2015 University of Iowa
Appraising Merger Efficiencies, Herbert Hovenkamp
Mergers of business firms violate the antitrust laws when they threaten to lessen competition, which generally means a price increase resulting from a reduction in output. However, a merger that threatens competition may also enable the post-merger firm to reduce its costs or improve its product. Attitudes toward mergers are heavily driven by assumptions about efficiency gains. If mergers of competitors never produced efficiency gains but simply reduced the number of competitors, a strong presumption against them would be warranted. We tolerate most mergers because of a background, highly generalized belief that most or at least many produce cost savings ...
Note: A Series Of (Inseparable) Tubes? “New Media” Streaming And The Impact Of In Re. Pandora Media, Related Decisions, And Performance Licensing In The Internet Era, Ross Coker
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Symposium: Regulatory Capture And Technological Entrepreneurship: Protecting Consumer Interests?, 2015 Pepperdine University
Symposium: Regulatory Capture And Technological Entrepreneurship: Protecting Consumer Interests?, Robert Anderson, John G. Shearer, Christopher Koopman, Makan Delrahim, Erik Syverson, Babbette Boliek
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Antitrust Law And The Minor League Reserve System, 2015 University of Kentucky
Antitrust Law And The Minor League Reserve System, Ryan Mabry
Minor League Baseball is a half-billion dollar a year industry in the United States. It has grown to its current state under an umbrella of protection from U.S. antitrust statutes. Beginning with the Federal Baseball decision in 1922, the Supreme Court has consistently ruled that professional baseball is exempt from both the Sherman and Clayton Acts— the seminal federal government statutes regarding antitrust. This status is unique; no other professional sport enjoys such immunity. If the exemption were lost, the effects on this staple of American culture would likely be extremely disruptive. Throughout this project, I analyzed the effects ...
The Ftc Has A Dog In The Patent Monopoly Fight: Will Antitrust's Bite Kill Generic Challenges?, Jennifer D. Cieluch
Duke Law & Technology Review
Antitrust laws have been notoriously lenient in the patent realm, the underlying reason being that patents’ grant of exclusion create monopolies that defy antitrust laws in order to incentivize innovation. Thus, antitrust violations have rarely been found in the patent cases. But after the Supreme Court’s holding in FTC v. Actavis, brand name pharmaceutical companies may need to be more cautious when settling Hatch-Waxman litigation with potential patent infringers. Both brand-name drug manufacturers and generic drug manufacturers have incentives to settle cases by having the brand-name pay the generic in exchange for delaying their entry into the market. While ...
Tying And Bundled Discounts: An Equilibrium Analysis Of Antitrust Liability Tests, 2015 California State University, Northridge
Tying And Bundled Discounts: An Equilibrium Analysis Of Antitrust Liability Tests, Melanie S. Williams
Melanie S. Williams
Courts have struggled with determining when bundled discounts constitute unlawfully anticompetitive behavior. The current circuit split reflects an absence of consensus. This lack of legal guidance creates uncertainty in the market, with firms being given inconsistent – and sometimes contradictory - standards on how to avoid antitrust liability.
For the most part, we consider a standard paradigm for analyzing bundled discounts. Suppose that there are two firms. Firm 1 produces a monopoly product, A, and also another product, B, which competes with another version of B produced by Firm 2. The concern is the extent to which the price paid for A ...
Transatlantic Perspective On Judicial Deference In Administrative Law, 2015 University of Warsaw
Transatlantic Perspective On Judicial Deference In Administrative Law, Maciej Bernatt
The U.S. concept of judicial deference in administrative law limits the scope of judicial review of administrative agencies’ actions in the light of agencies’ superior expertise and separation of powers arguments. It may serve as an interesting point of reference for the European discussion about adequate institutional balance between administration and courts.
The paper analyzes whether there are grounds for the validity of the concept of judicial deference in Continental Europe and in what areas (law, facts or both). As a starting point it is observed that it remains generally accepted in Europe that it is a role of ...
Why Mediators Should Be Regulated, 2015 Arizona State University
Why Mediators Should Be Regulated, Art Hinshaw
In the United States consumers engage mediators on a caveat emptor basis. The regulatory scheme for mediators is a patchwork of mediation referral organizations which allows unscrupulous mediators to exploit consumers with little to no recourse. One egregious example is that of Gary J. Karpin, a disbarred lawyer turned divorce mediator, who used the mediation process to con forty people into giving him approximately $250,000 before taking up residence in prison. In an age when everyone from doctors to cosmetologists is subject to occupational regulation, why are mediators virtually unregulated?
Mediators have long been divided on the question of ...
Reviewing Arbitration Awards For Competition Law Violations: A Playbook For Courts Implementing The New York Convention, William Schubert
This article discusses the risk that international arbitration awards violating national competition laws will be enforced without having received reasonable scrutiny either during arbitration or in the national courts.
The risk that competition law violations may be authorized under the guise of enforceable arbitration awards is real, and it is a major policy problem. It is quite easy, for example, to use the international arbitration framework to enforce agreements that authorize anticompetitive activity among competitors in jurisdictions unrelated to the arbitral award (i.e., without power to review it). The problem is that competition law violations in jurisdictions unrelated to ...
Cguppi: Scoring Incentives To Engage In Parallel Accommodating Conduct, 2015 Charles River Associates (CRA)
Cguppi: Scoring Incentives To Engage In Parallel Accommodating Conduct, Serge Moresi, David Reitman, Steven C. Salop, Yianis Sarafidis
Georgetown Law Faculty Publications and Other Works
We propose an index for scoring coordination incentives, which we call the “coordination GUPPI” or cGUPPI. While the cGUPPI can be applied to a wide range of coordinated effects concerns, it is particularly relevant for gauging concerns of parallel accommodating conduct (PAC), a concept that received due prominence in the 2010 U.S. Horizontal Merger Guidelines. PAC is a type of coordinated conduct whereby a firm raises price with the expectation—but without any prior agreement—that one or more other firms will follow and match the price increase. The cGUPPI is the highest uniform price increase that all the ...
When Competition Fails To Optimise Quality: A Look At Search Engines, 2015 University of Tennessee
When Competition Fails To Optimise Quality: A Look At Search Engines, Maurice E. Stucke, Ariel Ezrachi
Maurice E Stucke
The European Commission’s Statement of Objections forms the latest addition to the ongoing debate on the possible misuse of Google’s position in the search engine market. The scholarly debate, however, has largely been over the exclusionary effects of search degradation. Less attention has been attributed to the dimension of quality – whether and how a search engine, faced with rivals, could degrade quality on the free side. We set out to address this fundamental issue: With the proliferation of numerous web search engines and their free usage and availability, could any search engine degrade quality? We begin our analysis ...
Puzzles In Controlling Shareholder Regimes And China: Shareholder Primacy And (Quasi) Monopoly, 2015 Peking University
Puzzles In Controlling Shareholder Regimes And China: Shareholder Primacy And (Quasi) Monopoly, Sang Yop Kang
Sang Yop Kang
Professor Mark Roe explained that the shareholder wealth maximization norm (“the norm”) is not fit for a country with a (quasi) monopoly, because the norm encourages managers to maximize monopoly rents, to the detriment of the national economy. This Article provides new findings and counter-intuitive arguments as to the tension created by the norm and (quasi) monopoly by exploring three key corporate governance concepts that Roe did not examine—(1) “controlling minority structure” (CMS), where dominant shareholders hold a fractional ownership in their controlled-corporations, (2) “tunneling” (i.e., illicit transfer of corporate wealth to controlling shareholders), and (3) Chinese state-owned ...
Call Me, Maybe? The Seventh Circuit's Call In Motorola Mobility, 2015 Notre Dame Law School
Call Me, Maybe? The Seventh Circuit's Call In Motorola Mobility, Jeffrey H. Smith
Notre Dame Law Review
This Note seeks to establish that the Seventh Circuit should have held in Motorola Mobility that the FTAIA’s “direct . . . effect” requirement is satisfied when a foreign subsidiary suffers a harm due to anticompetitive activity abroad and there exists a reasonably proximate causal nexus between that harm and the domestic effect in the United States. Furthermore, the “gives rise to” requirement of the FTAIA sufficiently accounts for concerns of international comity and, under the facts of this case, causes Motorola’s claim to fail. Part I explores the history of the Sherman Antitrust Act and its international application before and ...
Desmantelando La “Criollada” Del Mercado Peruano… La Represión De Los Actos De Competencia Desleal Por Violación De Normas En El Perú, 2015 Pontificia Universidad Católica del Perú
Desmantelando La “Criollada” Del Mercado Peruano… La Represión De Los Actos De Competencia Desleal Por Violación De Normas En El Perú, Javier André Murillo Chávez
Javier André Murillo Chávez
No abstract provided.
The Chamber Of Secrets: The Repudiation Of The Isds, 2015 Lund University
The Chamber Of Secrets: The Repudiation Of The Isds, Emanuela A. Matei
Emanuela A. Matei
The unlawfulness of the intra-EU BITs, the experiences of the new Member States unremittingly involved in investor-to state disputes and the tumultuous debates during the T-TIP negotiations are first and foremost examined from a legal perspective underlining the clash between a system designed for preferential treatment and the EU legal order based on the prohibition of discrimination. The ISDS clause represents an attribute of procedural inequality, which is furthermore convoluted by the constitutional structure of the Union i.e. the strictly limited access of private persons to supranational courts.
This article enlarges the scope of the review of incompatibility by ...
The Anti-Commons Revisited, 2015 University of Southern California
The Anti-Commons Revisited, Jonathan M. Barnett
University of Southern California Legal Studies Working Paper Series
Intellectual property scholars and policymakers often assert that technology and creative markets suffer from “anti-commons” (“AC”) effects that restrain innovation within a web of conflicting intellectual property claims. A minority view asserts that market players have incentives and capacities to correct for AC effects through transactional solutions. To assess the relative merits of each side of this debate, I review a large and diverse body of empirical evidence relating to AC effects in contemporary and historical markets. I independently replicate the most controversial empirical findings, supplement additional research on selected markets, and provide a survey of all documented IP-pooling arrangements ...