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Sherman Vs. Goliath-- Tackling The Conglomerate Dominance Problem In Emerging And Small Economies-Hong Kong As A Case Study, Thomas K. Cheng 2017 University of Hong Kong

Sherman Vs. Goliath-- Tackling The Conglomerate Dominance Problem In Emerging And Small Economies-Hong Kong As A Case Study, Thomas K. Cheng

Thomas K. Cheng

This article explores a competition problem that has been long neglected in the two major competition law jurisdictions, the United States and the European Union, conglomerate dominance or aggregate concentration. With
their continental scale, the U.S. or the EU economies are unlikely to be dominated by conglomerates. However, conglomerates have been found to be common in small economies and emerging economies. Conglomerates no doubt have their advantages. Yet they also pose some serious economic power issues and distort competition in a variety of ways, the latter of which has been relatively unexplored in the literature. This article catalogs these ...


Are They Pirates Or Pioneers?, Ashley H. Song Ms. 2017 University of Pennsylvania (2012)

Are They Pirates Or Pioneers?, Ashley H. Song Ms.

Ashley Malei Hyein Song

Korea has the perceptive corruption level lower than the Western countries and shares the common appetite for the cultural products with the Japanese, often regarding Japanese more noble or superior and Westerns even more. Based on this sentiment, the ‘license musicals’ which have been bilaterally purchased from the West are popularly consumed in Korea. The paper calls this is not the cultural business, but the “self-confined cripples’ money party based on the informational deceptions.” The Korean licensee who has fueled the staggering production in the US transforms to the businessmen, caster, and producer in Korea . The licensed dramatico-musical transforms to ...


Antitrust Treatment Of Nonprofits: Should Hospitals Receive Special Care?, Cory Capps, Dennis W. Carlton, Guy David 2017 Bates White LLC

Antitrust Treatment Of Nonprofits: Should Hospitals Receive Special Care?, Cory Capps, Dennis W. Carlton, Guy David

Health Care Management Papers

Nonprofit hospitals receive favorable tax treatment in exchange for providing socially beneficial activities. Extending this rationale would suggest that, insofar as suppression of competition would allow nonprofits to cross-subsidize care for needy populations, nonprofit hospital mergers should be evaluated differently than mergers of for-profit hospitals. However, this rationale rests upon the premise that nonprofit hospitals with greater market power provide more care to the needy. In this paper, we develop a theoretical model showing that the welfare implications of an antitrust policy that favors nonprofit hospitals depends on the link between market power and charity care provision. To test the ...


Major League Soccer's Exceptionalism In Fifa's Transfer System: For How Much Longer?, Remo Decurtins 2017 Marquette University Law School

Major League Soccer's Exceptionalism In Fifa's Transfer System: For How Much Longer?, Remo Decurtins

Marquette Sports Law Review

None


Insider Trading Flaw: Toward A Fraud-On-The-Market Theory And Beyond, Kenneth R. Davis 2017 American University Washington College of Law

Insider Trading Flaw: Toward A Fraud-On-The-Market Theory And Beyond, Kenneth R. Davis

American University Law Review

No abstract provided.


Patents V. Antitrust: Preempting Conflict, Matthew G. Sipe 2017 American University Washington College of Law

Patents V. Antitrust: Preempting Conflict, Matthew G. Sipe

American University Law Review

No abstract provided.


Appraising Merger Efficiencies, Herbert J. Hovenkamp 2017 University of Pennsylvania Law School

Appraising Merger Efficiencies, Herbert J. Hovenkamp

Faculty Scholarship

Mergers of business firms violate the antitrust laws when they threaten to lessen competition, which generally refers to a price increase resulting from a reduction in output. However, a merger that threatens competition may also enable the post-merger firm to reduce its costs or improve its product. Attitudes toward mergers are heavily driven by assumptions about efficiency gains. If mergers of competitors never produced efficiency gains but simply reduced the number of competitors, a strong presumption against them would be warranted. We tolerate most mergers because of a background, highly generalized belief that most or at least many produce cost ...


Restoring The Legitimacy Of Private Antitrust Enforcement, Robert H. Lande, Joshua P. Davis 2017 University of Baltimore School of Law

Restoring The Legitimacy Of Private Antitrust Enforcement, Robert H. Lande, Joshua P. Davis

All Faculty Scholarship

This is a draft chapter from the American Antitrust Institute's 2017 recommendations to the 45th President of the United States. It contains a brief but well-deserved defense of the benefits of private antitrust enforcement and a critique of the claims that private enforcement in the United States is excessive, that it leads to overdeterrence, and that the courts are plagued with widespread frivolous antitrust lawsuits. It also offer a number of specific recommendations for the new administration to implement in the private antitrust enforcement area, including:

* Educate the courts, the public, and federal and state legislatures about the virtues ...


Amateurism And The Ncaa: How A Changing Market Has Turned Caps On Athletic Scholarships Into An Antitrust Violation, Daniel Laws 2017 University of Richmond

Amateurism And The Ncaa: How A Changing Market Has Turned Caps On Athletic Scholarships Into An Antitrust Violation, Daniel Laws

Law Student Publications

The college athletics industry is worth $16 billion, and it only continues to grow as the number of collegiate students and student-athletes increases. The governing body of collegiate athletics, the National Collegiate Athletic Association ("NCAA"), prides itself on the amateur status of its athletes. To preserve its athletes' amateurism, the NCAA mandates that its member institutions agree not to compensate student-athletes with athletic scholarships that are above the university's cost of attendance. Typically, this type of horizontal agreement- one between competitors that artificially caps the amount a worker can earn violates Section 1 of the Sherman Act as an ...


Antitrust And Consumer Protection, Leslie Sara Hyman, Matthew J. McGowan 2017 Pulman, Cappuccio, Pullen & Benson LLP

Antitrust And Consumer Protection, Leslie Sara Hyman, Matthew J. Mcgowan

SMU Annual Texas Survey

No abstract provided.


Constraining Monitors, Veronica Root 2017 Notre Dame Law School

Constraining Monitors, Veronica Root

Journal Articles

Monitors oversee remediation efforts at dozens, if not hundreds, of institutions that are guilty of misconduct. The remediation efforts that the monitors of today engage in are, in many instances, quite similar to activities that were once subject to formal court oversight. But as the importance and power of monitors has increased, the court’s oversight of monitors and the agreements that most often result in monitorships has, at best, been severely diminished and, at worst, vanished altogether. Additionally, statutory efforts to provide formal guidance and restrictions on monitorships have stalled and published bar guidance has taken a nonbinding advisory ...


Comment On “The Empirical Basis For Antitrust: Cartels, Mergers, And Remedies”, John M. Connor, Robert H. Lande 2017 Purdue University

Comment On “The Empirical Basis For Antitrust: Cartels, Mergers, And Remedies”, John M. Connor, Robert H. Lande

All Faculty Scholarship

In this journal, James Langenfeld critically reviewed four of the present authors’ articles that analyze the size of cartel overcharges and their antitrust policy implications. In this comment, we explain why we believe Langenfeld errs in his criticism of our work. In particular, this comment discusses the variation in research quality of the sources used to compile a large sample of historical cartel overcharges; the advisability of trimming outliers or large estimates from the sample; alleged publication bias; why our 25% median estimate is much more likely to be correct than the US Sentencing Guideline’s 10% presumption; and the ...


The Investment Protection Chapter Of The Eu-Singapore Free Trade Agreement: A Model For The Post-Brexit Uk Iias, Siraj Shaik AZIZ 2017 Singapore Management University

The Investment Protection Chapter Of The Eu-Singapore Free Trade Agreement: A Model For The Post-Brexit Uk Iias, Siraj Shaik Aziz

Research Collection School Of Law

The impending British exit (Brexit) from the European Union has placed the UK's investment policy at a crossroads. A post-Brexit UK will now have to reorganise its investment relationships with its economic partners through bespoke UK IIAs. This exercise will have to accommodate the shifting Zeitgeist concerning the balance of investors' rights and the right to regulate IIAs that is expected. This paper examines the continued relevance of the recently minted Investment Protection Chapter in the EU-Singapore Free Trade Agreement, acknowledged by Britain's power brokers, as a persuasive model for the UK to emulate for this purpose. This ...


E. Bement & Sons V. National Harrow Company: The First Skirmish Between Patent Law And The Sherman Act, Amelia Rinehart 2017 S.J. Quinney College of Law, University of Utah

E. Bement & Sons V. National Harrow Company: The First Skirmish Between Patent Law And The Sherman Act, Amelia Rinehart

Utah Law Faculty Scholarship

In the 1890s, the Sherman Act presented a host of unknowns for patent owners and lax enforcement enabled the proliferation of trusts like the Harrow Trust embodied in the practices of National Harrow. Bement, a profligate license violator, ended up fighting the trust all the way to the Supreme Court, but the surprising outcome left an enduring impression on the interplay between antitrust and patent law. In this way, the case has been both important and forgotten over time. Given the outcome in Actavis, and the possibility for a change of personnel on the Court that may shift it further ...


Aggregated Royalties For Top-Down Frand Determinations: Revisiting "Joint Negotiation", Jorge L. Contreras 2017 S.J. Quinney College of Law, University of Utah

Aggregated Royalties For Top-Down Frand Determinations: Revisiting "Joint Negotiation", Jorge L. Contreras

Utah Law Faculty Scholarship

In an environment in which widely-adopted technical standards may each be covered by large numbers of patents, there have been increasing calls for courts to determine “fair, reasonable and non-discriminatory” (FRAND) royalties payable to holders of standardsessential patents (SEPs) using “top-down” methodologies. Top-down royalty approaches begin with the aggregate royalty that should be payable with respect to all SEPs covering a particular standard, and then allocate a portion of the total to individual SEPs. Top-down approaches avoid many drawbacks associated with bottom-up approaches in which royalties for individual SEPs are assessed, often in an inconsistent and piecemeal manner, without regard ...


The Bds Movement: That Which We Call A Foreign Boycott, By Any Other Name, Is Still Illegal, Marc A. Greendorfer 2017 Zachor Legal Institute

The Bds Movement: That Which We Call A Foreign Boycott, By Any Other Name, Is Still Illegal, Marc A. Greendorfer

Roger Williams University Law Review

No abstract provided.


2016 Survey Of Rhode Island Law: Cases And Public Laws Of Note, 2017 Roger Williams University

2016 Survey Of Rhode Island Law: Cases And Public Laws Of Note

Roger Williams University Law Review

No abstract provided.


Blocking Home: Major League Baseball Settles Blackout Restriction Case; However, A Collision With Antitrust Laws Is Still Inevitable, William F. Saldutti IV 2017 Villanova University Charles Widger School of Law

Blocking Home: Major League Baseball Settles Blackout Restriction Case; However, A Collision With Antitrust Laws Is Still Inevitable, William F. Saldutti Iv

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Market Definition, Steven C. Salop, Serge Moresi, John R. Woodbury 2017 Georgetown University Law Center

Market Definition, Steven C. Salop, Serge Moresi, John R. Woodbury

Georgetown Law Faculty Publications and Other Works

We explain the “hypothetical monopolist test” that has become the standard methodology for identifying relevant antitrust markets in merger cases, and discuss two approaches to implementing the test. We then focus on the implementation of the test when firms offer multiple products or services, either inside or outside the candidate market, and discuss the “hypothetical cartel test” introduced in the 2010 U.S. Merger Guidelines.


Big Pharma Monopoly: Why Consumers Keep Landing On "Park Place" And How The Game Is Rigged, Mark S. Levy 2017 American University Washington College of Law

Big Pharma Monopoly: Why Consumers Keep Landing On "Park Place" And How The Game Is Rigged, Mark S. Levy

American University Law Review

No abstract provided.


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