Antitrust and Trade Regulation Commons™
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Recent Articles in Antitrust and Trade Regulation
Asia And Global Competition Law Convergence, David J. Gerber
Chicago-Kent College of Law
Asia And Global Competition Law Convergence, David J. Gerber
David J. Gerber
No abstract provided.
Protocol Layering And Internet Policy, Christopher S. Yoo
University of Pennsylvania Law School
Protocol Layering And Internet Policy, Christopher S. Yoo
Faculty Scholarship
An architectural principle known as protocol layering is widely recognized as one of the foundations of the Internet’s success. In addition, some scholars and industry participants have urged using the layers model as a central organizing principle for regulatory policy. Despite its importance as a concept, a comprehensive analysis of protocol layering and its implications for Internet policy has yet to appear in the literature. This Article attempts to correct this omission. It begins with a detailed description of the way the five-layer model developed, introducing protocol layering’s central features, such as the division of functions across layers ...
Protecting Consumers From Add-On Insurance Products: New Lessons For Insurance Regulation From Behavioral Economics, Tom Baker, Peter Siegelman
University of Pennsylvania Law School
Protecting Consumers From Add-On Insurance Products: New Lessons For Insurance Regulation From Behavioral Economics, Tom Baker, Peter Siegelman
Faculty Scholarship
Persistently high profits on “insurance” for small value losses sold as an add-on to other products or services (such as extended warranties sold with consumer electronics, loss damage waivers sold with a car rental, and credit life insurance sold with a loan) pose a twofold challenge to the standard economic analysis of insurance. First, expected utility theory teaches that people should not buy insurance for small value losses. Second, the market should not in the long run permit sellers to charge prices that greatly exceed the cost of providing the insurance. Combining the insights of the Gabaix and Laibson shrouded ...
When Antitrust Met Facebook, Christopher S. Yoo
University of Pennsylvania Law School
When Antitrust Met Facebook, Christopher S. Yoo
Faculty Scholarship
Social networks are among the most dynamic forces on the Internet, increasingly displacing search engines as the primary way that end users find content and garnering headlines for their controversial stock offerings. In what may be considered a high-technology rite of passage, social networking companies are now facing monopolization claims under the antitrust laws. This Article evaluates the likely success of these claims, identifying considerations in network economics that may mitigate a finding or market power and evaluating whether a social network’s refusal to facilitate data portability can constitute exclusionary conduct. It also analyzes two early private antitrust law ...
Not Quite Filling The Gap: Why The Miscellaneous Expense Allowance Leaves The Ncaa Vulnerable To Antitrust Litigation, Drew N. Goodwin
Boston College Law School
Not Quite Filling The Gap: Why The Miscellaneous Expense Allowance Leaves The Ncaa Vulnerable To Antitrust Litigation, Drew N. Goodwin
Boston College Law Review
Throughout its history, the National Collegiate Athletic Association (NCAA) has been repeatedly accused of violating antitrust law in a range of different ways—restricting television broadcasts, limiting coaches’ salaries, and capping the amount of athletic scholarships. Most recently, in the case of White v. NCAA, a class of plaintiffs argued that the NCAA’s artificial limitation on student-athlete compensation violated antitrust law. Although this case settled before trial, it represented a major victory for student-athletes. The NCAA is now considering a proposal— the Miscellaneous Expense Allowance (“MEA”)—that would raise the NCAA’s artificial cap on athletics-related financial aid by ...
The Granting Clause And Intellectual Property Rights Management In Open-Source Software Licensing, Vikrant N. Vasudeva
Maurer School of Law: Indiana University
The Granting Clause And Intellectual Property Rights Management In Open-Source Software Licensing, Vikrant N. Vasudeva
IP Theory
No abstract provided.
A Decade Of Registered And Unregistered Design Rights Decisions In The Uk: What Conclusions Can We Draw For The Future Of Both Types Of Rights?, Estelle Derclaye
Maurer School of Law: Indiana University
A Decade Of Registered And Unregistered Design Rights Decisions In The Uk: What Conclusions Can We Draw For The Future Of Both Types Of Rights?, Estelle Derclaye
IP Theory
No abstract provided.
A Tale Of Two Cities: From Davids Holdings To Metcash, George A. Hay, E. Jane Murdoch
Cornell Law Library
A Tale Of Two Cities: From Davids Holdings To Metcash, George A. Hay, E. Jane Murdoch
Cornell Law Faculty Publications
In 1994, the Full Federal Court upheld the decision of the trial judge to prevent the acquisition of QIW by Davids, on the grounds that, Davids would become the only supplier of groceries to independent retailers in the geographic market. While the independent retailers faced significant competition in the downstream (retail) business from the integrated retail chains, the Court found that such competition would not be sufficient to prevent the exercise of monopoly power in the upstream (wholesale) business.
In 2011, the Full Federal Court upheld the decision of the trial judge not to prevent the acquisition by Metcash of ...
Toward An Empirical And Theoretical
Assessment Of Private Antitrust
Enforcement, Joshua P. Davis, Robert H. Lande
Seattle University School of Law
Toward An Empirical And Theoretical Assessment Of Private Antitrust Enforcement, Joshua P. Davis, Robert H. Lande
Seattle University Law Review
The predominant view in the antitrust field has been that private enforcement, and especially class action cases, yields little or no positive results. This Article analyzes these twenty cases, compares and contrasts their analysis with that of our earlier group of forty cases, and draws new insights from the results of all sixty combined. This Article demonstrate that private antitrust litigation has provided a substantial amount of compensation for victims of anticompetitive behavior: at least $33.8 to $35.8 billion. The studies also demonstrate that private antitrust enforcement has had an extremely strong deterrent effect. In fact, this research ...
Teaching Antitrust After The Financial Crisis, Maurice E. Stucke
University of Maryland Francis King Carey School of Law
Teaching Antitrust After The Financial Crisis, Maurice E. Stucke
Journal of Business & Technology Law
No abstract provided.
Kickbacks, Rebates And Tying Arrangements In Real Estate Transactions; The Federal Real Estate Settlement Act Of 1974; Antitrust And Unfair Practices, Conrad G. Tuohey
Pepperdine University
Kickbacks, Rebates And Tying Arrangements In Real Estate Transactions; The Federal Real Estate Settlement Act Of 1974; Antitrust And Unfair Practices, Conrad G. Tuohey
Pepperdine Law Review
No abstract provided.
The Doctrine Of Primary Jurisdiction: Was It Inverted?, Patrick Callahan
Pepperdine University
The Doctrine Of Primary Jurisdiction: Was It Inverted?, Patrick Callahan
Pepperdine Law Review
No abstract provided.
Out Of Bounds Under The Sherman Act? Player Restraints In Professional Team Sports , Seth M. Goldstein
Pepperdine University
Out Of Bounds Under The Sherman Act? Player Restraints In Professional Team Sports , Seth M. Goldstein
Pepperdine Law Review
No abstract provided.
Perspectives In Consumer Advocacy: Antitrust Parens Patriae Suits Pursuant To The Hart-Scott-Rodino Antitrust Improvements Act- A Solution For Wrongs Without Redress, Andrew B. Jones
Pepperdine University
Perspectives In Consumer Advocacy: Antitrust Parens Patriae Suits Pursuant To The Hart-Scott-Rodino Antitrust Improvements Act- A Solution For Wrongs Without Redress, Andrew B. Jones
Pepperdine Law Review
No abstract provided.
Reframing The (False?) Choice Between Purchaser Welfare And Total Welfare, Alan Meese
College of William & Mary Law School
Reframing The (False?) Choice Between Purchaser Welfare And Total Welfare, Alan Meese
Faculty Publications
This Article critiques the role that the partial equilibrium trade-off paradigm plays in the debate over the definition of “consumer welfare” that courts should employ when developing and applying antitrust doctrine. The Article contends that common reliance on the paradigm distorts the debate between those who would equate “consumer welfare” with “total welfare” and those who equate consumer welfare with “purchaser welfare.” In particular, the model excludes, by fiat, the fact that new efficiencies free up resources that flow to other markets, increasing output and thus the welfare of purchasers in those markets. Moreover, the model also assumes that both ...
United They Rise Divided They Fail—Blending Antitrust, False Advertising And Trademark Law Into A Hybrid Standard Resolves Problems Of Prudential Standing Under Section 43(A) Of The Lanham Act, Marc Samuel Borden
Seton Hall Law
United They Rise Divided They Fail—Blending Antitrust, False Advertising And Trademark Law Into A Hybrid Standard Resolves Problems Of Prudential Standing Under Section 43(A) Of The Lanham Act, Marc Samuel Borden
Student Scholarship
No abstract provided.
Dissenting State Patent Regimes, Camilla A. Hrdy
Maurer School of Law: Indiana University
Revolution In Manipulation Law: The New Cftc Rules And The Urgent Need For Economic And Empirical Analyses, Andrew Verstein
Yale Law School
Revolution In Manipulation Law: The New Cftc Rules And The Urgent Need For Economic And Empirical Analyses, Andrew Verstein
Lecturer and Other Affiliate Scholarship Series
Three major banks have now admitted that their employees manipulated worldwide interest rates through the London Interbank Offered Rate (Libor), the most widely used interest rate index. Libor is the interest rate term for trillions of dollars of swaps and loans, and its manipulation may have been used to extract billions of dollars. These allegations come just as commodities manipulation law has been dramatically reformed and the Commodity Futures Trading Commission (CFTC) given vast new regulatory powers. This article provides the first extended, scholarly analysis of the CFTC’s new anti-manipulation rules. We consider the difficulty the rules address: Commodities ...
What Consensus? Ideology, Politics And Elections Still Matter, Steven C. Salop
Georgetown University Law Center
What Consensus? Ideology, Politics And Elections Still Matter, Steven C. Salop
Georgetown Law Faculty Publications and Other Works
This article, which was prepared for an ABA Antitrust Section Panel, discusses the role of ideology and politics in antitrust enforcement and the impact of elections in the last twenty year on enforcement and policy at the federal antitrust agencies. The article explains the differences in antitrust ideologies and their impact on policy preferences. The article then uses a database of civil non-merger complaints by the DOJ and FTC over the last three Presidential administrations to analyze changes in the number, type and other characteristics of antitrust enforcement. It also discusses change in vertical merger enforcement and other antirust policies ...
When The State Harms Competition ― The Role For Competition Law, Eleanor M. Fox, Deborah Healey
NELLCO
When The State Harms Competition ― The Role For Competition Law, Eleanor M. Fox, Deborah Healey
New York University Law and Economics Working Papers
This article is about the reach of antitrust laws to proscribe or override anticompetitive acts and measures of the states. While it was once the case that antitrust (or competition) laws were reserved for private restraints, a more modern view of the state and the market recognizes the integral relationship between them. The authors surveyed 32 jurisdictions and found that antitrust/competition laws of a number of jurisdictions condemned certain state acts and measures. This article describes and summarizes the research and combines the research findings with conceptual analysis to recommend relevant rules and principles that might be adopted as ...
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Popular Articles
Natural Justice And Its Applications In Administrative Law
Fundamentos Del Derecho Procesal Civil
Amartya Sen's Theory Of Poverty
The Doctrine Of Proportionality
In Name Only: How Major League Baseball's Reliance On Its Antitrust Exemption Is Hurting The Game
El "Product Placement" En El Cine
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