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International Antitrust, Nikiforos Iatrou, Brownwyn Roe, Paul Schoff, Katrina Groshinski, Maria Ceclia Andrade, Rafaela P. de Calcena, Eric White, Adam S. Goodman, Peter Wang, Yizhe Zhang, Laurie-Anne Grelier, Peter Camesasca, Aurdlien Condomines, Susanne Zuehlke, Vinod Dhall, Sonam Mathur, Tal Eyal-Boger, Ziv Schwartz, Gerardo Calderon-Villegas, Vassily Rudomino, Ksenia Tarkhova, Roman Vedernikov, Alla Azmukhanova, Heather Irvine, Lara Granville, Jonathan Tickner, Jasvinder Nakhwal, William F. Cavanaugh Jr., Robert P. LoBue, Dierdre A. McEvoy, Daniel A. Friendman, Jake Walter-Warner 2021 Southern Methodist University

International Antitrust, Nikiforos Iatrou, Brownwyn Roe, Paul Schoff, Katrina Groshinski, Maria Ceclia Andrade, Rafaela P. De Calcena, Eric White, Adam S. Goodman, Peter Wang, Yizhe Zhang, Laurie-Anne Grelier, Peter Camesasca, Aurdlien Condomines, Susanne Zuehlke, Vinod Dhall, Sonam Mathur, Tal Eyal-Boger, Ziv Schwartz, Gerardo Calderon-Villegas, Vassily Rudomino, Ksenia Tarkhova, Roman Vedernikov, Alla Azmukhanova, Heather Irvine, Lara Granville, Jonathan Tickner, Jasvinder Nakhwal, William F. Cavanaugh Jr., Robert P. Lobue, Dierdre A. Mcevoy, Daniel A. Friendman, Jake Walter-Warner

The Year in Review

No abstract provided.


A Suggested Revision Of The 2020 Vertical Merger Guidelines (May 2, 2021), Steven C. Salop 2021 Georgetown University Law Center

A Suggested Revision Of The 2020 Vertical Merger Guidelines (May 2, 2021), Steven C. Salop

Georgetown Law Faculty Publications and Other Works

The DOJ/ FTC Vertical Merger Guidelines (VMGs) were adopted by the FTC in June 2020 by a party-line 3-2 party line over the dissent of the Acting Chair. One might expect that the VMGs will be withdrawn and/or revised once a Democratic majority is achieved. In my view, revision is appropriate because the VMGs are both incomplete and overly permissible. This Suggested Revision can aid that process. Rather than trying to start with the current draft, this draft begins on a clean sheet. However, it has been formulated with an eye towards the problems with the current VMGs and ...


The Growing Monopoly In The Corn Seed Industry: Is It Time For The Government To Interfere?, Bethany K Sumpter 2021 Texas A&M University School of Law (Student)

The Growing Monopoly In The Corn Seed Industry: Is It Time For The Government To Interfere?, Bethany K Sumpter

Texas A&M Law Review

How a company conducts business is often a consumer concern. Individuals have accused company after company of monopolistic behavior. These individuals have also criticized the Department of Justice for not stopping a monopoly from forming in a specific industry. An example is the corn seed industry, where stakeholders have accused companies of monopolistic behavior. Recent mergers and acquisitions in the corn seed industry have left fewer companies in control, and because of this consolidation, individuals are urging the government to act. This Comment argues that, while the corn seed industry is on the road to containing a monopoly, the industry ...


Potential Competition And Antitrust Analysis: Monopoly Profits Exceed Duopoly Profits, Steven C. Salop 2021 Georgetown University Law Center

Potential Competition And Antitrust Analysis: Monopoly Profits Exceed Duopoly Profits, Steven C. Salop

Georgetown Law Faculty Publications and Other Works

This short note prepared for an OECD meeting in June 2021 examines several antitrust issues involving analysis of potential competition. While the analysis is not new, it is still useful to collect them together in a unified fashion to show how they are related. In this regard, all the analysis and conclusions flow from the overarching (and obvious) points that exclusionary conduct and agreements that maintain monopoly power very often harm consumers, and that monopoly profits typically exceed the combined duopoly profits earned by the dominant firm and the entrant, if there is successful entry. While this is not inevitably ...


Farmer Cooperatives "Take Cover": The Capper-Volstead Exemption Is Under Siege, Donald M. Barnes, Jay L. Levine 2021 Porter Wright Morris & Arthur

Farmer Cooperatives "Take Cover": The Capper-Volstead Exemption Is Under Siege, Donald M. Barnes, Jay L. Levine

Arkansas Law Review

"When tillage begins, other arts follow. The farmers, therefore, are the founders of human civilization." There can be little dispute that food production is of vital interest to any nation’s security and economy. For this reason, the United States Congress, like many other legislatures around the world, has accorded special treatment to the agricultural industry, and particularly to farmers. One example of this special treatment is the Capper-Volstead Act, which provides farmers with immunity from antitrust liability for joint conduct undertaken by and through an “association” of producers.


The Probative Synergy Of Plus Factors In Price-Fixing Litigation, Christopher R. Leslie 2021 Northwestern Pritzker School of Law

The Probative Synergy Of Plus Factors In Price-Fixing Litigation, Christopher R. Leslie

Northwestern University Law Review

Private plaintiffs alleging that defendants conspired to fix prices in violation of antitrust law must usually prove their claims through circumstantial evidence, generally in the form of “plus factors”—evidence indicating that the defendants’ parallel conduct was caused by collusion, not by independent decision-making. Supreme Court precedent requires fact finders to examine antitrust plaintiffs’ evidence holistically. With increasing frequency, however, federal courts in price-fixing cases improperly isolate each piece of circumstantial evidence presented by the plaintiff and then deprive it of all probative value because that single piece of evidence is insufficient, standing alone, to prove a price-fixing conspiracy. As ...


The U.S. Dairy Industry In The 20th And 21st Century, George B. Frisvold 2021 University of Arizona, Tucson

The U.S. Dairy Industry In The 20th And 21st Century, George B. Frisvold

Journal of Food Law & Policy

At the beginning of the 20th Century, the U.S. dairy industry was comprised of millions of small-scale operations producing for their own or for very local consumption. By the end of the 20th Century, the industry was dominated by large-scale producers marketing products via large cooperatives. Improvements in transportation, advances in animal breeding and feeding technologies, and scale economies have allowed the industry to be more competitive on global markets, where there is now active international trade in dairy products. Major government programs to support dairy farm income date back to Depression-era problems facing the industry. Federal programs to ...


A Tale Of Two Regulators: Antitrust Implications Of Progressive Decentralization In Blockchain Platforms, Evan Miller 2021 Vinson & Elkins LLP

A Tale Of Two Regulators: Antitrust Implications Of Progressive Decentralization In Blockchain Platforms, Evan Miller

Washington and Lee Law Review Online

Competition regulators have identified the potential for blockchain technology to disrupt traditional sponsor-led platforms, like app stores, that have received increased antitrust scrutiny. Enforcement actions by securities regulators, however, have forced blockchain-based platforms to adopt a strategy of progressive decentralization, delaying decentralization objectives in favor of the centralized model that competition regulators hope they will disrupt. This regulatory tension, and the implications for blockchain’s procompetitive potential, have yet to be explored. This Article first identifies the origin of this tension and its consequences through a competition law lens, and then recommends that competition regulators account for this tension in ...


The New Era Of Nfl Antitrust Law, The Sunday Ticket Package: Was The Ninth Circuit Ruling A Touchdown Or A Penalty?, Maya Rustom 2021 Pepperdine University

The New Era Of Nfl Antitrust Law, The Sunday Ticket Package: Was The Ninth Circuit Ruling A Touchdown Or A Penalty?, Maya Rustom

Pepperdine Law Review

Americans love football, but every year thousands of fans are forced to pay exorbitant annual fees if they chose to have access to out-of-market games. In other words, if fans don’t live in the territory of their favorite team, they can either pay an excessive annual fee to watch their team play or miss out on the majority of games every season. This arrangement is a result of DirecTV’s Sunday Ticket Package, which is an exclusive distributorship agreement with the NFL that prevents fans from watching live out-of-market games unless they pay the annual subscription fee. This Comment ...


Vertical Control, Herbert J. Hovenkamp 2021 University of Pennsylvania Law School

Vertical Control, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

Antitrust litigation often requires courts to consider challenges to vertical “control.” How does a firm injure competition by limiting the behavior of vertically related firms? Competitive injury includes harm to consumers, labor, or other suppliers from reduced output and higher margins.

Historically antitrust considers this issue by attempting to identify a market that is vertically related to the defendant, and then consider what portion of it is “foreclosed” by the vertical practice. There are better mechanisms for identifying competitive harm, including a more individualized look at how the practice injures the best placed firms or bears directly on a firm ...


The Future Of Antitrust: New Challenges To The Consumer Welfare Paradigm And Legislative Proposals, John B. Nalbandian, Makan Delrahim, Gene Kimmelman, Maureen Ohlhausen, Rainer Wessely 2021 The Catholic University of America, Columbus School of Law

The Future Of Antitrust: New Challenges To The Consumer Welfare Paradigm And Legislative Proposals, John B. Nalbandian, Makan Delrahim, Gene Kimmelman, Maureen Ohlhausen, Rainer Wessely

Catholic University Law Review

On November 14, 2019, the Federalist Society's Corporations, Securities, & Antitrust Practice Group hosted a panel for the 2019 National Lawyers Convention at the Mayflower Hotel in Washington, DC. The panel discussed "The Future of Antitrust: New Challenges to the Consumer Welfare Paradigm and Legislative Proposals”.


The Music Industry: Drowning In The Stream, Jonathan Croskrey 2021 Pepperdine University

The Music Industry: Drowning In The Stream, Jonathan Croskrey

Journal of the National Association of Administrative Law Judiciary

The Department of Justice is reviewing two of it's oldest consent decrees, which were entered into with ASCAP and BMI. ASCAP and BMI are the two original performing rights organizations and existed well before streaming. This article analyzes copyright and antirust law through the lens of modern technology and the current landscape of the music industry. It examines whether the consent decrees should be removed or modified and what the consequences of each would be.


Brief Of Amici Curiae 65 Professors Of Law, Business, Economics, And Sports Management In Support Of Respondents, Chris Sagers, Michael A. Carrier, Lisa M. Geary 2021 Cleveland-Marshall College of Law, Cleveland State University

Brief Of Amici Curiae 65 Professors Of Law, Business, Economics, And Sports Management In Support Of Respondents, Chris Sagers, Michael A. Carrier, Lisa M. Geary

Law Faculty Briefs and Court Documents

The Alston plaintiffs are college athletes who successfully challenged the NCAA's "amateurism" rules, convincing the lower courts that the rules should be modestly relaxed to limit their effect on competition for athletic talent. Nearly 60 professors of law, business, and economics from around the country joined the brief.


Antitrust Policy Toward Patent Licensing: Why Negotiation Matters, Daniel F. Spulber 2021 University of Minnesota Law School

Antitrust Policy Toward Patent Licensing: Why Negotiation Matters, Daniel F. Spulber

Minnesota Journal of Law, Science & Technology

No abstract provided.


Achieving Privacy: Costs Of Compliance And Enforcement Of Data Protection Regulation, Anupam Chander, Meaza Abraham, Sandeep Chandy, Yuan Fang, Dayoung Park, Isabel Yu 2021 Georgetown University Law Center

Achieving Privacy: Costs Of Compliance And Enforcement Of Data Protection Regulation, Anupam Chander, Meaza Abraham, Sandeep Chandy, Yuan Fang, Dayoung Park, Isabel Yu

Georgetown Law Faculty Publications and Other Works

Is privacy a luxury for the rich world? Remarkably, there is a dearth of literature evaluating whether data privacy is too costly for companies to implement, or too expensive for governments to enforce. This paper is the first to offer a review of surveys of costs of compliance, and to summarize national budgets for enforcement. The study shows that while privacy may indeed prove costly for companies to implement, it is not too costly for governments to enforce. This study will help inform governments as they fashion and implement privacy laws to address the “privacy enforcement gap”—the disparity between ...


Comments To The Draft Working Group Iii Workplan, Columbia Center on Sustainable Investment, International Institute for Environment and Development, International Institute for Sustainable Development 2021 Columbia Law School

Comments To The Draft Working Group Iii Workplan, Columbia Center On Sustainable Investment, International Institute For Environment And Development, International Institute For Sustainable Development

Columbia Center on Sustainable Investment Staff Publications

The United Nations Commission on International Trade Law (UNCITRAL) is currently working on how to reform international investment treaties, focusing in particular on those treaties’ provisions enabling investors to sue governments in international arbitration. As an observer organization in this process, CCSI has emphasized that in the context of investor-state dispute settlement (ISDS) reform, it is important to first consider what it is that investment treaties aim to achieve, and only then to consider what form(s) of dispute settlement will best advance those objectives. This means not only looking at reform of the existing ISDS mechanism, but also alternatives ...


Antitrust Antitextualism, Daniel A. Crane 2021 University of Michigan Law School

Antitrust Antitextualism, Daniel A. Crane

Articles

Judges and scholars frequently describe antitrust as a common-law system predicated on open-textured statutes, but that description fails to capture a historically persistent phenomenon:judicial disregard of the plain meaning of the statutory texts and manifest purposes of Congress. This pattern of judicial nullification is not evenly distributed: when the courts have deviated from the plain meaning or congressional purpose, they have uniformly done so to limit the reach of antitrust liability or curtail the labor exemption to the benefit of industrial interests. This phenomenon cannot be explained solely or even primarily as a tug-of-war between a progressive Congress and ...


Labor Market Monopsony And Wage Inequality: Evidence From Online Labor Market Vacancies, Samuel I. Thorpe 2021 Williams College

Labor Market Monopsony And Wage Inequality: Evidence From Online Labor Market Vacancies, Samuel I. Thorpe

Undergraduate Economic Review

This paper estimates the effects of employer labor market power on wage inequality in the United States. I find that inequality as measured by interdecile range is 23.7% higher in perfectly monopsonistic labor markets than in perfectly competitive markets, even when controlling for commuting zone and occupation fixed effects. I also decompose these results into 50/10 and 90/50 ratios, finding much larger impacts on inequality among low earners. These results suggest that monopsony power has significant and policy-relevant impacts on wage inequality, and particularly harms the lowest earning subsets of the labor force.


Contested Places, Utility Pole Spaces: A Competition And Safety Framework For Analyzing Utility Pole Association Rules, Roles, And Risks, Catherine J.K. Sandoval 2021 The Catholic University of America, Columbus School of Law

Contested Places, Utility Pole Spaces: A Competition And Safety Framework For Analyzing Utility Pole Association Rules, Roles, And Risks, Catherine J.K. Sandoval

Catholic University Law Review

As climate change augurs longer wildfire seasons, safe, reliable, and competitive energy and communications markets depend on sound infrastructure and well-calibrated regulation. The humble wooden utility pole, first deployed in America in 1844 to extend telegraph service, forms the twenty-first century’s technological scaffold. Utility poles are increasingly contested places where competition, safety, and reliability meet. Yet, regulators and academics have largely overlooked the risks posed by century-old private utility pole associations in California, composed of private and public utility pole owners and some entities who attach facilities to utility poles. No academic articles have examined the rules, roles, and ...


United States Supreme Court Ip Cases, 1810–2019: Measuring & Mapping The Citation Networks, Joseph Scott Miller 2021 The Catholic University of America, Columbus School of Law

United States Supreme Court Ip Cases, 1810–2019: Measuring & Mapping The Citation Networks, Joseph Scott Miller

Catholic University Law Review

Intellectual property law in the United States, though shaped by key statutes, has long been a common-law field to a great degree. Many decades of decisional law flesh out the meaning of broad-textured, sparely worded statutes. Given the key roles of patent law and copyright law, both federal, the Supreme Court of the United States is i.p. law’s leading apex court. What are the major topical currents in the Supreme Court’s i.p. cases, both now and over the course of the Court’s work? This study uses network-analysis tools to measure and map the entirety of ...


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