University of Baltimore School of Law
University of Newcastle
Parker-Hannifin Corporation
Mercer University School of Law
University of Pennsylvania Carey Law School
Columbia Law School
Northwestern Pritzker School of Law
University of Florida Levin College of Law
About-Face: How Facebook’S Restrictions On User Posts Could Violate Antitrust Law,
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,
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,
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?,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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.
Free Market State (Of Mind): Antitrust Federalism, John J. Flynn And The Utah Constitution’S Free Market Clause,
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 …
Race-Ing Antitrust,
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 …
A Chair With No Legs? Legal Constraints On The Competition Rule-Making Authority Of Lina Khan's Ftc,
2023
William & Mary Law School
A Chair With No Legs? Legal Constraints On The Competition Rule-Making Authority Of Lina Khan's Ftc, Jennifer Cascone Fauver
William & Mary Business Law Review
Upon her appointment to the chair position of the Federal Trade Commission (FTC), Lina Khan wasted little time asserting that the Agency possesses the regulatory authority to promulgate rules related to unfair methods of competition. And the President has supported the Chair’s proffered authority, requesting that the Agency use that authority to address competition concerns across the U.S. economy. Chair Khan’s interpretation of the FTC Act relies on a single case decided by the Supreme Court in 1973—National Petroleum Refiners—and judicial deference under Chevron. However, while simplistic in its logic, Chair Khan’s support for the FTC’s competition …
Critiquing The Sec's Ongoing Efforts To Regulate Crypto Exchanges,
2023
William & Mary Law School
Critiquing The Sec's Ongoing Efforts To Regulate Crypto Exchanges, Carol R. Goforth
William & Mary Business Law Review
Despite the so-called “Crypto Winter” in the spring of 2022, which saw a deep plunge in global crypto markets, interest in the appropriate way to develop, use, and regulate cryptoassets and crypto-based businesses continues to be high. In the United States, a Presidential Executive Order and multiple bills that seek to tackle various issues of crypto regulation are regularly highlighted in the news, suggesting the appropriate treatment of crypto is a growing national priority. Despite these discussions, which tend to focus on finding a balanced way to regulate those within the industry without stifling the technology, the Securities and Exchange …
The Factor/Element Distinction In Antitrust Litigation,
2023
William & Mary Law School
The Factor/Element Distinction In Antitrust Litigation, Christopher R. Leslie
William & Mary Law Review
Most price-fixing litigation turns on whether the plaintiffs can present sufficient circumstantial evidence from which a reasonable jury could infer that the defendants did, in fact, conspire to raise prices. This generally entails the proffering of plus factors, a type of evidence that suggests parallel conduct by the defendants was the product of collusion, not independent decisions. As their name suggests, plus factors are just that—factors. Proving a collection of factors may be necessary for a plaintiff’s case, but no individual factor is ever required. If it were, it wouldn’t be a factor; it would be an element.
Several federal …
A Comment On Markovits's Welfare Economics And Antitrust,
2023
Boston University School of Law
A Comment On Markovits's Welfare Economics And Antitrust, Keith N. Hylton
Faculty Scholarship
I criticize two features of the new book by Richard Markovits. One is the notion that ethics or moral judgments should be part of our analysis of antitrust. The other is the notion that market definition is incoherent.
