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New Antitrust Concern In Labor Markets, Hiba Hafiz, Calixto Salomao Filho, Steven C. Salop, Cristina Volpin, Eric Dunn 2023 Boston College Law School

New Antitrust Concern In Labor Markets, Hiba Hafiz, Calixto Salomao Filho, Steven C. Salop, Cristina Volpin, Eric Dunn

PLAA-CTIC Symposium on Competition Law and Policy

The final panel will center on how antitrust regulators should deal with concerns in labor markets. Several antitrust authorities have dealt with it. For instance, the DOJ issued Guidance for HR professionals in 2016, discussing potential antitrust violations in HR activities. In addition, the panelists will discuss recent developments in the U.S. and abroad regarding how antitrust should tackle labor law concerns.


The Antitrust Backlash Against Big Tech, Beau Buffier, Victor Oliveira Fernandes, Ioannis Lianos 2023 Wilson Sonsini Goodrich & Rosati, Competition and Antitrust

The Antitrust Backlash Against Big Tech, Beau Buffier, Victor Oliveira Fernandes, Ioannis Lianos

PLAA-CTIC Symposium on Competition Law and Policy

A growing discontent has formed in the popular culture and the political space against big tech, both in the US and abroad. As a result, several bills have been proposed in the US and the EU, with the EU passing the Digital Markets Act (DMA), which is now in place as of November 2022, specifically aimed at big tech platforms. The panelists will discuss whether these reforms are helpful and if antitrust is an appropriate tool for potentially remedying the market concerns caused by the proliferation of big tech platforms.


The Global Regulatory Landscape In Antitrust, Jonathan Klick, Jennifer M. Driscoll, Krisztian Katona, Donald Klawiter, Spencer Weber Waller 2023 University of Pennsylvania Carey Law School

The Global Regulatory Landscape In Antitrust, Jonathan Klick, Jennifer M. Driscoll, Krisztian Katona, Donald Klawiter, Spencer Weber Waller

PLAA-CTIC Symposium on Competition Law and Policy

The panel will broadly discuss recent trends in the global antitrust arena. The discussion will center on how the U.S. antitrust policy shapes international debates and how other jurisdictional policies have positively influenced U.S. antitrust policies. In the end, we expect more questions than answers, as the antitrust arena has undergone significant changes in recent years.


On U.S. Antitrust Foundations, Herbert J. Hovenkamp 2023 University of Pennsylvania Carey Law School

On U.S. Antitrust Foundations, Herbert J. Hovenkamp

PLAA-CTIC Symposium on Competition Law and Policy

The first panel will lay the framework for the entire Symposium by drawing an overview of fundamental statutes–the Sherman Act, Clayton Act, and FTC Act–and seminal cases that make up the American antitrust landscape.


About-Face: How Facebook’S Restrictions On User Posts Could Violate Antitrust Law, Efrem Berk 2023 Northwestern Pritzker School of Law

About-Face: How Facebook’S Restrictions On User Posts Could Violate Antitrust Law, Efrem Berk

Northwestern Journal of Technology and Intellectual Property

This Note examines whether Facebook’s restrictions on its users’ posts are subject to Sherman Act § 2. This Note looks at the economic activity generated by social media activity and argues that posts are commerce. While this piece finds that current antitrust jurisprudence likely favors Facebook, an alternative approach sought by some antitrust scholars could influence judges to preclude the platform’s restrictions.


Stop The Games: How Broker-Dealer Gamification Affronts Antitrust, Tanner Dowdy 2023 University of Cincinnati College of Law

Stop The Games: How Broker-Dealer Gamification Affronts Antitrust, Tanner Dowdy

University of Cincinnati Law Review

No abstract provided.


Artificial Intelligence And The Future Of Law, Cardozo Startup Society, Cardozo FAME Center, Cardozo Law and Data Science Society 2023 Yeshiva University, Cardozo School of Law

Artificial Intelligence And The Future Of Law, Cardozo Startup Society, Cardozo Fame Center, Cardozo Law And Data Science Society

Flyers 2022-2023

No abstract provided.


Force Majeure & Covid-19: A Clause Changed?, Claudia Petcu 2023 DePaul University College of Law

Force Majeure & Covid-19: A Clause Changed?, Claudia Petcu

DePaul Business & Commercial Law Journal

No abstract provided.


The Microsoft Litigation’S Lessons For United States V. Google, John E. Lopatka, William H. Page 2023 Penn State Law

The Microsoft Litigation’S Lessons For United States V. Google, John E. Lopatka, William H. Page

University of Miami Law Review

The United States Department of Justice (“DOJ”) and three overlapping groups of states have filed federal antitrust cases alleging Google has monopolized internet search, search advertising, internet advertising technologies, and app distribution on Android phones. In this Article, we focus on the DOJ’s claims that Google has used contracts with tech firms that distribute Google’s search services in order to exclude rival search providers and thus to monopolize the markets for search and search advertising—the two sides of Google’s search platform. The primary mechanisms of exclusion, according to the DOJ, are the many contracts Google has used to secure its …


Freezing Innovation: How The Platform Competition And Opportunity Act Will Freeze Funds In The Tech Start-Up Market, Brandon Wong 2023 Pepperdine University

Freezing Innovation: How The Platform Competition And Opportunity Act Will Freeze Funds In The Tech Start-Up Market, Brandon Wong

Pepperdine Law Review

The rise of technological giants like Amazon, Apple, Google, and Facebook motivated the House Judiciary Committee to pass a slew of new antitrust legislation bills to curb these companies’ considerable market power. The Platform Competition and Opportunity Act proposes to significantly cut a dominant online platform’s ability to continue growing by deeming certain acquisitions presumptively unlawful. The Act shifts the burden to the acquiring company to prove the proposed transaction would not be anticompetitive by eliminating a potential competitor. In an effort to protect competition, the Act has good intentions to protect start-up companies that are fearful of being acquired …


The Current State Of Student-Athlete Nil Rights: How Congress Should Respond To The Rapidly Changing Landscape Of Inter-Collegiate Sports, Kyle Aronson 2023 Pepperdine University

The Current State Of Student-Athlete Nil Rights: How Congress Should Respond To The Rapidly Changing Landscape Of Inter-Collegiate Sports, Kyle Aronson

Journal of the National Association of Administrative Law Judiciary

Collegiate student-athletes began signing sponsorship deals that compensate them for their name, image and likeness beginning in July 2021. Since its inception, the NCAA has prohibited student-athletes from receiving any outside monetary compensation to preserve traditional notions of amateurism. States have begun to pass legislation that allow for student-athlete compensation following recent decisions by the Supreme Court and Ninth Circuit suggesting that the NCAA’s historic practice may run afoul of antitrust law. This comment analyzes issues with the current state-by-state patchwork of laws that formulate the current landscape of collegiate sports. Finally, this comment will show why centralized, federal regulation …


Combating The Racial Wealth Gap: A Government And Corporate-Centric Approach, Brandon Mickelsen 2023 University of St. Thomas, Minnesota

Combating The Racial Wealth Gap: A Government And Corporate-Centric Approach, Brandon Mickelsen

University of St. Thomas Law Journal

No abstract provided.


Surveillance Wages: Private Governing Power And The Future Of Work, Zephyr Teachout 2023 University of St. Thomas, Minnesota

Surveillance Wages: Private Governing Power And The Future Of Work, Zephyr Teachout

University of St. Thomas Law Journal

No abstract provided.


Recreating The Regulatory State - Internationally, Erik Loomis 2023 University of St. Thomas, Minnesota

Recreating The Regulatory State - Internationally, Erik Loomis

University of St. Thomas Law Journal

No abstract provided.


The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy, Eduardo Cervantes 2023 DePaul University

The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy, Eduardo Cervantes

DePaul Business & Commercial Law Journal

No abstract provided.


Covid-19 Vs. Constitution; Limited Government's Unlimited Response, John A. Losurdo 2023 DePaul University

Covid-19 Vs. Constitution; Limited Government's Unlimited Response, John A. Losurdo

DePaul Business & Commercial Law Journal

No abstract provided.


The "No License, No Chips" Policy: When A Refusal To Deal Becomes Reasonable, Sheng Tong 2023 DePaul University

The "No License, No Chips" Policy: When A Refusal To Deal Becomes Reasonable, Sheng Tong

DePaul Business & Commercial Law Journal

No abstract provided.


The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule, Jorge Brito Pereira 2023 DePaul University

The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule, Jorge Brito Pereira

DePaul Business & Commercial Law Journal

No abstract provided.


Race-Ing Antitrust, Bennett Capers, Gregory Day 2023 Fordham Law School

Race-Ing Antitrust, Bennett Capers, Gregory Day

Michigan Law Review

Antitrust law has a race problem. To spot an antitrust violation, courts inquire into whether an act has degraded consumer welfare. Since anticompetitive practices are often assumed to enhance consumer welfare, antitrust offenses are rarely found. Key to this framework is that antitrust treats all consumers monolithically; that consumers are differently situated, especially along lines of race, simply is ignored.

We argue that antitrust law must disaggregate the term “consumer” to include those who disproportionately suffer from anticompetitive practices via a community welfare standard. As a starting point, we demonstrate that anticompetitive conduct has specifically been used as a tool …


Free Market State (Of Mind): Antitrust Federalism, John J. Flynn And The Utah Constitution’S Free Market Clause, Jorge L. Contreras 2023 S.J. Quinney College of Law, University of Utah

Free Market State (Of Mind): Antitrust Federalism, John J. Flynn And The Utah Constitution’S Free Market Clause, Jorge L. Contreras

Utah Law Review

The Utah Constitution states that “[i]t is the policy of the state of Utah that a free market system shall govern trade and commerce in this state to promote the dispersion of economic and political power and the general welfare of all the people.” Utah’s so-called Free Market Clause, adopted in 1992, is unique among the constitutions of the fifty states. Through an excavation of the historical record and contemporary literature, this Article shows that the Free Market Clause owes its existence to the influence of Professor John J. Flynn of the University of Utah, whose pioneering work on antitrust …


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