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Tying And Bundled Discounts: An Equilibrium Analysis Of Antitrust Liability Tests, Melanie S. Williams 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, Maciej Bernatt 2015 University of Warsaw

Transatlantic Perspective On Judicial Deference In Administrative Law, Maciej Bernatt

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, Art Hinshaw 2015 Arizona State University

Why Mediators Should Be Regulated, Art Hinshaw

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 2015 Heidelberg University

Reviewing Arbitration Awards For Competition Law Violations: A Playbook For Courts Implementing The New York Convention, William Schubert

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, Serge Moresi, David Reitman, Steven C. Salop, Yianis Sarafidis 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, Maurice E. Stucke, Ariel Ezrachi 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, Sang Yop Kang 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, Jeffrey H. Smith 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, Javier André Murillo Chávez 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, Emanuela A. Matei 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 ...


Grandi Navi S.P.A Seminar Case Study, Sajjad Khaksari, ALESSANDRO MATERA, SIMON TELEN, ORESTE STEFANO SANTAGATI, AHMAD SHABIR, JEEVA VELUSAAMI, SAIFUR RAHMAN MOHAMMAD 2015 Politecnico di Torino

Grandi Navi S.P.A Seminar Case Study, Sajjad Khaksari, Alessandro Matera, Simon Telen, Oreste Stefano Santagati, Ahmad Shabir, Jeeva Velusaami, Saifur Rahman Mohammad

SAJJAD KHAKSARI

GN SEMINAR NOTE, Proposed Solutions; Grandi Navi S.p.A. ("Grandi Navi”), is an Italian yacht manufacturer that is listed on the stock exchange of Milan. The company is facing a series of legal and financial problems, of both national and international character. The current situation of Grandi Navi S.p.A.; Financial restructuring options; Resurrection; Refinancing; Re-equitizing; Re-amortizing; Liquidation; Proposed Solutions; Delisting; Long-term business Plan; Business Law Course of Prof. Paolo Rainelli; Politecnico di Torino; Seminar case; Students: ORESTE STEFANO SANTAGATI; PAOLO SPICCIA; SIMON TELEN; ALESSANDRO MATERA; MOHAMMAD SAIFUR RAHMAN; SHABIR AHMAD; JEEVA VELUSAAMI; SAJJAD KHAKSARI


The Anti-Commons Revisited, Jonathan M. Barnett 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 ...


Is Google & People?, Sajjad Khaksari 2015 Politecnico di Torino

Is Google & People?, Sajjad Khaksari

SAJJAD KHAKSARI

Google Advertisement strategy is strictly dominant and strongly effects the Searching Ranks. 70% of United State population and 90% of European population used to use Google as their Search Engine. People use Google but unfortunately Google thanks to its Famous Google Algorithm offer them an arrangement that is favored by Google Ad. Engine. Google has many traps to bind, copy and save almost all of the informations from the users.


Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures, Anastasia Telesetsky 2015 Seattle University School of Law

Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures, Anastasia Telesetsky

Seattle University Law Review

Illegal, unreported, and unregulated fishing (IUU fishing) is a substantial threat to global food security and a recurring problem for global fishery managers already facing difficult baseline situations exacerbated by climate change, including warming oceans and increasing acidification. There is nothing historically new about IUU fishing; there have always been poachers who take advantage of operating in the shadows of legal commercial fishing. What is new is the extent to which marine poaching has industrialized. It is estimated that 19% of the worldwide value of marine catches are unlawful. The problem is not limited to developing states. For example, even ...


Re-Tooling Marine Food Supply Resilience In A Climate Change Era: Some Needed Reforms, Robin Kundis Craig 2015 Seattle University School of Law

Re-Tooling Marine Food Supply Resilience In A Climate Change Era: Some Needed Reforms, Robin Kundis Craig

Seattle University Law Review

Ocean fisheries and marine aquaculture are an important but often overlooked component of world food security. For example, of the seven billion (and counting) people on the planet, over one billion depend on fish as their primary source of protein, and fish is a primary source of protein (30 percent or more of protein consumed) in many countries around the world, including Japan, Greenland, Taiwan, Indonesia, several countries in Africa, and several South Pacific island nations. Marine fisheries and marine aquaculture have been subject to a number of stressors that can undermine world food security, including overfishing, habitat destruction, and ...


Ag Gag Past, Present, And Future, Justin F. Marceau 2015 Seattle University School of Law

Ag Gag Past, Present, And Future, Justin F. Marceau

Seattle University Law Review

While the animal rights and food justice movements are relatively young, their political unpopularity has generated a steady onslaught of legislation designed to curtail their effectiveness. At each stage of their nascent development, these movements have confronted a new wave of criminal or civil sanctions carefully tailored to combat the previous successes the movements had achieved.


Opening The Barnyard Door: Transparency And The Resurgence Of Ag-Gag & Veggie Libel Laws, Nicole E. Negowetti 2015 Seattle University School of Law

Opening The Barnyard Door: Transparency And The Resurgence Of Ag-Gag & Veggie Libel Laws, Nicole E. Negowetti

Seattle University Law Review

Over the past several decades, as the agricultural system became increasingly industrialized and the steps from farm to plate multiplied, consumers became farther removed from the sources of their food. Until recently, most consumers in America were content to eat their processed, cheap, and filling foods without giving a second thought to how these foods were produced. The tides are changing. Increasingly, consumers are calling for more transparency in the food system. Repulsed by images of animal cruelty and shocked by unsavory food production practices, consumers want the food industry’s veil lifted and are demanding changes in food production ...


Professors Update 2015, Antitrust Analysis, 7th Ed., Aaron Edlin, Scott Hemphill, Louis Kaplow 2015 University of California Berkeley School of Law

Professors Update 2015, Antitrust Analysis, 7th Ed., Aaron Edlin, Scott Hemphill, Louis Kaplow

Aaron Edlin

Professors Update for Antitrust Analysis, 7th edition Includes updates to American Express v. Italian Colors, North Carolina State Board of Dental Examiners v. FTC, Text Messaging, and ZF Meritor v. Eaton.


The Evolution And Vitality Of Merger Presumptions: A Decision-Theoretic Approach, Steven C. Salop 2015 Georgetown University Law Center

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 ...


An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez 2015 Universidad Pontificia de Comillas

An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez

Miguel Martínez

The purpose of this paper is to analyze the legal framework governing banking foundations as they have been regulated by Spanish Act 26/2013, of December 27th, on savings banks and banking foundations. Title 2 of this regulation addresses a construct that is groundbreaking for the Spanish legal system, still of paramount importance for the entire financial system insofar as these foundations become the leading players behind certain banking institutions given the high interest that foundations hold in the share capital of such institutions.


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