Antitrust and Trade Regulation Commons^™

Has The Cftc Gone Too Far In Trying To Keep The American Economy Safe From Cross-Border Swaps?, Gabriel Lau

Gabriel Lau

With the passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) in 2010, the Commodity Futures Trading Commission (“CFTC”) received the daunting task regulating swap markets. Following two iterations of proposed guidance and comment periods, the CFTC released its finalized “Interpretive Guidance and Policy Statement Regarding Compliance with Certain Swap Regulations” (“Guidance”) on July 26, 2013. In the Guidance, the CFTC gives its interpretation and policy outlook for promulgating rules with respect to the regulation of cross-border swaps. This paper examines both the critiques of the Guidance, including issues of international comity and rule promulgation procedures, and ...

Behavioral International Law, Tomer Broude

Tomer Broude

Economic analysis and rational choice have in the last decade made significant inroads into the study of international law and institutions, relying upon standard assumptions of perfect rationality of states and decision-makers. This approach is inadequate, both empirically and in its tendency towards outdated formulations of political theory. This article presents an alternative behavioral approach that provides new hypotheses addressing problems in international law while introducing empirically grounded concepts of real, observed rationality. First, I address methodological objections to behavioral analysis of international law: the focus of behavioral research on the individual; the empirical foundations of behavioral economics; and behavioral ...

In Search Of Effective Ethics & Compliance Programs, Maurice E. Stucke

Maurice E Stucke

The U.S. Sentencing Commission’s Organizational Guidelines for over twenty years have offered firms a significant financial incentive to develop an ethical organizational culture. Nonetheless, corporate crime persists. Too many ethics programs remain ineffective. As this Article explores, the Guidelines' current approach is not working. The evidence, including sentencing data over the past twenty years, reveals that few firms have effective ethics and compliance programs. Nor is there much hope that the Guidelines' incentive will induce companies, after the economic crisis, to become more ethical. The problem is not attributable to three assumptions underlying the Guidelines. The empirical research ...

Navigating The Turbulence: The First Circuit Clarifies The Preemptive Scope Of The Airline Deregulation Act In Brown V. Unived Airlines, Michael Welsh

Boston College Law Review

On July 9, 2013, in Brown v. United Airlines, Inc., the U.S. Court of Appeals for the First Circuit held that the Airline Deregulation Act (“ADA”) preempted skycaps’ common law tortious interference and unjust enrichment claims. In so holding, the First Circuit articulated a two-pronged test in an attempt to provide clarity to the relationship between the savings clause and the preemption clause of the ADA. This Comment argues that the First Circuit’s two-pronged test is faithful to U.S. Supreme Court jurisprudence and should serve as a model for other federal appeals courts until the Supreme Court ...

Bork And Microsoft: Why Bork Was Right And What We Learn About Judging Exclusionary Behavior, Harry First

New York University Law and Economics Working Papers

In 1998, twenty years after publishing The Antitrust Paradox, Robert Bork wrote: “The antitrust case brought by the Department of Justice against Microsoft is rock solid.”

How could Robert Bork, who had labored for his whole professional life to cut antitrust down, come out in support of an aggressive monopolization suit against a leading high-technology firm, indeed, an innovating firm that had arguably generated huge benefits for those consumers whose welfare Bork thought should be antitrust’s only concern? Had Bork undergone some sort of conversion that led him to see the need to protect small competitors from the depredations ...

What About Green Stamps? A Comment On The Ftc's Section 5 Authority, Harry First

New York University Law and Economics Working Papers

Commissioner Joshua Wright has started his tenure as an FTC Commissioner by stepping into the long-running debate over the scope of the Commission’s authority, as broadly set out in a 1972 Supreme Court decision, FTC v. Sperry & Hutchinson Co. Commissioner Wright argues that S&H should be abandoned, just as "updated economic thinking" has led us to abandon other cases of that era.

In this essay I provide a closer look at the actual case that the FTC brought against S&H. I argue that the Commission’s decision was carefully based on competitive effects and consumer injury, and ...

Your Money And Your Life: The Export Of U.S. Antitrust Remedies, Harry First

New York University Law and Economics Working Papers

Substantive antitrust law has spread around the world. This has been a rather amazing turn of events in our post-cold war era, with more than 100 jurisdictions now claiming some form of antitrust legislation. Even though there is no global treaty framework for antitrust (similar, for example, to the TRIPs agreement for intellectual property), there does now appear to be broad international consensus on the basic principles of competition policy.

Substantive antitrust law may be one of the United States’ more popular legal exports, but how does the rest of the world view two very important remedy aspects of the ...

Policing The Firm, D. Daniel Sokol

Notre Dame Law Review

No abstract provided.

An Impossible Reconciliation? Understanding Class-Action Waivers And Arbitration After American Express V. Italian Colors, Kristine A. Bergman

Kristine A Bergman

No abstract provided.

Lessons From At&T'S Flop: How To Grow In The Technology Industry While Avoiding Section 7 Antitrust Obstacles, John Soma

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

The Evolution And Vitality Of Merger Presumptions: A Decision-Theoretic Approach, Steven C. Salop

Georgetown Law Faculty Publications and Other Works

This article reviews the formulation and evolution of the Philadelphia National Bank anticompetitive presumption through the lens of decision theory and Bayes Law. It explains how the economic theory, empirical evidence and experience are used to determine a presumption and how that presumption interacts with the reliability of relevant evidence to rationally set the appropriate burden of production and burden of persuasion to rebut the presumption. The article applies this reasoning to merger presumptions. It also sketches out a number of non-market share structural factors that might be used to supplement or replace the current legal and enforcement presumptions for ...

Labor Rights And Free Trade; Social Development Parallel To Economic Development, Hassan Razavi

Hassan Razavi

The trade-based distributional policies have reinforced the issue of social standards in societies and the encroachment of free trade on other international standards particularly the labor standards has linked this matter with the issue of comparative advantage, thus opening the door for claims which are not made in good faith. This research studies the linkage of free trade and social standards under the WTO umbrella and based on justice theories, develop a framework in which the claims for both the protection of human rights and economic growth could be met by developing the idea of parallelism within the current regime ...

Análisis De Competencia, Jose Luis Sardon

Jose Luis Sardon

No abstract provided.

The Depth Of The Trade In Services Agreement, Harold Godsoe

Harold Godsoe

The setting against which plurilateral negotiations toward a new Trade in Services Agreement (TISA) are taking place is frustration. Service liberalization from GATS to bilateral PTAs to the Doha round have proven difficult and/or ineffective. The glaring and unexamined question is: why? This paper examines the current trade literature for what is known about TISA to date and subjects that information to a feasibility analysis for trade in service agreements. My goal is to understand what went wrong in previous attempts to liberalize services and/or trade and, consequently, what might being going wrong in TISA, and how it ...

New Powers- New Vulnerabilities? A Critical Analysis Of Market Inquiries Performed By Competition Authorities, Tamar Indig, Michal Gal

Michal Gal

In the past two decades the number of jurisdictions which have empowered their Competition Authorities to engage in market inquiries (MIs) has grown substantially. Although jurisdictions differ in the scope and procedure adopted for such studies, they all share an important common trait: attempting to allocate the roots of limited competition in the studied market. Market studies differ from traditional competition law tools in their triggers, range, object, and the level of pro-activity of the Competition Authority. They are not triggered by a suspicion of anti-competitive conduct of specific firm(s), but rather allow the Authority to use a broad ...

Saving Apes With The Laws Of Men: Great Ape Protection In A Property-Based Animal Law System, Alexandra B. Rhodes

Alexandra B. Rhodes

Scholars disagree over the best way to seal the cracks within American law through which animals often fall. Accordingly, this Comment analyzes animal law development, existing theories for advocacy, the status of great ape protection within animal law, and concludes with a novel approach to protecting primates from abuse in the medical and entertainment industries. In light of proposals like the Great Ape Protection Act and the recent petition to Fish and Wildlife Services to end the split-listing of chimpanzees, the question of legal great ape protection is particularly relevant today. The topic is timely as well as timeless; after ...

Cartels By Another Name: Should Licensed Occupations Face Antitrust Scrutiny?, Aaron Edlin, Rebecca Haw

Aaron Edlin

It has been over a hundred years since George Bernard Shaw wrote that "All professions are a conspiracy against the laity." Since then the number of occupations and the percentage of workers subject to occupational licensing has exploded; nearly one third of the U.S. workforce is now licensed, up from five percent in the 1950s. Through occupational licensing boards, states endow cosmetologists, veterinary doctors, medical doctors, or florists, with the authority to decide who may practice their art. It can't surprise when licensing boards comprised of competitors exclude competition and regulate in ways that raise their profit. The ...

Sacred Cows, Holy Wars: Exploring The Limits Of Law In The Regulation Of Raw Milk And Kosher Meat, Kenneth Lasson

Kenneth Lasson

SACRED COWS, HOLY WARS

Exploring the Limits of Law in the Regulation of Raw Milk and Kosher Meat

By Kenneth Lasson

Abstract

In a free society law and religion seldom coincide comfortably, tending instead to reflect the inherent tension that often resides between the two. This is nowhere more apparent than in America, where the underlying principle upon which the first freedom enunciated by the Constitution’s Bill of Rights is based ‒ the separation of church and state – is conceptually at odds with the pragmatic compromises that may be reached. But our adherence to the primacy of individual rights and ...

Joe Bauer Presented "Enforcement Issues Under American Antitrust Laws" At The University Of Tilburg (Holland) Center For Law And Economics On December 19, 2013, Joseph P. Bauer

Faculty Lectures and Presentations

Joe Bauer presented a seminar at the University of Tilburg (Holland) Center for Law and Economics on December 19. His topic was Enforcement Issues under American Antitrust Laws. View PowerPoint slides of lecture by clicking pdf link.

Negativa A Contratar En La Interconexión De Redes De Telecomunicaciones Como Barrera De Entrada Al Mercado, Camilo Ossa

Camilo Ossa

Great interest has been awakened by the National Regulatory Authorities and agencies promoting competition, the telecommunications sector, which has been subject to various regulatory changes, which sought to move from the old conception of own monopoly that market structure - and which has been achieved with some success-to a sector in which there is competition, which involved the organization of a legal framework to ensure the fulfillment of this objective, including guaranteed access and interconnection networks, in order to achieve a competitive market that allows for increased economic and technological growth in the sector and encourage investment and increase the quality ...