Intrabrand Restraints And The Theory Of The Firm, 2019 William & Mary Law School
Intrabrand Restraints And The Theory Of The Firm, Alan J. Meese
Alan J. Meese
No abstract provided.
In Praise Of All Or Nothing Dichotomous Categories: Why Antitrust Law Should Reject The Quick Look, 2019 William & Mary Law School
In Praise Of All Or Nothing Dichotomous Categories: Why Antitrust Law Should Reject The Quick Look, Alan J. Meese
Alan J. Meese
No abstract provided.
Don't Disintegrate Microsoft (Yet), 2019 William & Mary Law School
Farewell To The Quick Look: Redefining The Scope And Content Of The Rule Of Reason, 2019 William & Mary Law School
Farewell To The Quick Look: Redefining The Scope And Content Of The Rule Of Reason, Alan J. Meese
Alan J. Meese
No abstract provided.
Exclusive Dealing, The Theory Of The Firm, And Raising Rivals' Costs: Toward A New Synthesis, 2019 William & Mary Law School
Exclusive Dealing, The Theory Of The Firm, And Raising Rivals' Costs: Toward A New Synthesis, Alan J. Meese
Alan J. Meese
No abstract provided.
Economic Theory, Trader Freedom And Consumer Welfare: State Oil Co. V. Khan And The Continuing Incoherence Of Antitrust Doctrine, 2019 William & Mary Law School
Economic Theory, Trader Freedom And Consumer Welfare: State Oil Co. V. Khan And The Continuing Incoherence Of Antitrust Doctrine, Alan J. Meese
Alan J. Meese
No abstract provided.
Debunking The Purchaser Welfare Account Of Section 2 Of The Sherman Act: How Harvard Brought Us A Total Welfare Standard And Why We Should Keep It, 2019 William & Mary Law School
Debunking The Purchaser Welfare Account Of Section 2 Of The Sherman Act: How Harvard Brought Us A Total Welfare Standard And Why We Should Keep It, Alan J. Meese
Alan J. Meese
The last several years have seen a vigorous debate among antitrust scholars and practitionersa bout the appropriates tandardf or evaluating the conduct of monopolists under section 2 of the Sherman Act. While most of the debate over possible standards has focused on the empirical question of each standard's economic utility, this Article undertakes a somewhat different task: It examines the normative benchmark that courts have actually chosen when adjudicating section 2 cases. This Article explores three possible benchmarks-producer welfare, purchaser welfare, and total welfare-and concludes that courts have opted for a total welfare normative approach to section 2 since the …
Competition Policy And The Great Depression: Lessons Learned And A New Way Forward, 2019 William & Mary Law School
Competition Policy And The Great Depression: Lessons Learned And A New Way Forward, Alan J. Meese
Alan J. Meese
The recent Great Recession has shaken the nation’s faith in free markets and inspired various forms of actual or proposed regulatory intervention displacing free competition. Proponents of such intervention often claim that such interference with free-market outcomes will help foster economic recovery and thus macroeconomic stability by, for instance, enhancing the “purchasing power” of workers or reducing consumer prices. Such arguments for increased economic centralization echo those made during the Great Depression, when proponents of regulatory intervention claimed that such interference with economic liberty and free competition, including suspension of the antitrust laws, was necessary to foster economic recovery. Indeed, …
Competition And Market Failure In The Antitrust Jurisprudence Of Justice Stevens, 2019 William & Mary Law School
Competition And Market Failure In The Antitrust Jurisprudence Of Justice Stevens, Alan J. Meese
Alan J. Meese
No abstract provided.
Antitrust Balancing In A (Near) Coasean World: The Case Of Franchise Tying Contracts, 2019 William & Mary Law School
Antitrust Balancing In A (Near) Coasean World: The Case Of Franchise Tying Contracts, Alan J. Meese
Alan J. Meese
No abstract provided.
Assorted Anti-Leegin Canards: Why Resistance Is Misguided And Futile, 2019 William & Mary Law School
Assorted Anti-Leegin Canards: Why Resistance Is Misguided And Futile, Alan J. Meese
Alan J. Meese
In Leegin Creative Leather Products, Inc. v. PSKS, Inc., 551 U.S. 877 (2007), the Supreme Court reversed Dr. Miles Medical Co. v. John D. Park & Sons Co., 220 U.S. 373 (1911), which had banned minimum resale price maintenance (“minimum RPM”) as unlawful per se. For many, Leegin was a straightforward exercise of the Court’s long-recognized authority, implied by the Sherman Act’s rule of reason, to adjust antitrust doctrine in light of new economic learning. In particular, Leegin invoked the teachings of transaction cost economics (“TCE”), which holds that many non-standard agreements, including minimum RPM, are voluntary mechanisms …
Antitrust, Regulatory Harm, And Economic Liberty, 2019 William & Mary Law School
Antitrust, Regulatory Harm, And Economic Liberty, Alan J. Meese
Alan J. Meese
No abstract provided.
A Careful Examination Of The Live Nation-Ticketmaster Merger, 2019 Duke Law School
A Careful Examination Of The Live Nation-Ticketmaster Merger, Barak D. Richman, Alan J. Meese
Alan J. Meese
As great admirers of The Boss and as fans of live entertainment, we share in the popular dismay over rising ticket prices for live performances. But we have been asked as antitrust scholars to examine the proposed merger of Live Nation and Ticketmaster, and we do so with the objectivity and honesty called for by The Boss’s quotes above. The proposed merger has been the target of aggressive attacks from several industry commentators and popular figures, but the legal and policy question is whether the transaction is at odds with the nation’s antitrust laws.
One primary source of concern to …
Antitrust Federalism And State Restraints Of Interstate Commerce: An Essay For Herbert Hovenkamp, 2019 William & Mary Law School
Antitrust Federalism And State Restraints Of Interstate Commerce: An Essay For Herbert Hovenkamp, Alan J. Meese
Alan J. Meese
No abstract provided.
Labor Unions In The Boardroom: An Antitrust Dilemma, 2019 William & Mary Law School
Labor Unions In The Boardroom: An Antitrust Dilemma, Davison M. Douglas
Davison M. Douglas
No abstract provided.
Due Process In International Antitrust Enforcement: An Idea Whose Time Has Come, 2019 University of Pennsylvania Carey Law School
Due Process In International Antitrust Enforcement: An Idea Whose Time Has Come, Christopher S. Yoo
All Faculty Scholarship
The past year has witnessed an upsurge of international interest in due process in antitrust enforcement, reflected in two new comparative studies and International Competition Network’s (ICN’s) May 2019 adoption of its Recommended Practices for Investigative Process and Framework for Competition Agency Procedures and the Organization for Economic Cooperation and Development (OECD) Competition Committee’s discussion of the Draft Recommendation on Transparency and Procedural Fairness in Competition Law Enforcement in June 2019. This article reviews those developments, traces key differences among them, and looks ahead to what comes next.
Constraining Monitors, 2019 Notre Dame Law School
Constraining Monitors, Veronica Root
Veronica Root
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.
The lack of regulation governing monitors is well documented; yet, the academic literature on monitorships to date has largely taken the state of …
Domestic Asset Protection Trusts: Ushering In The Klackaba Era, 2019 Seattle University School of Law
Domestic Asset Protection Trusts: Ushering In The Klackaba Era, Cheyenne Vankirk
Seattle University Law Review
The growth in the U.S. economy has allowed Americans to increase their savings--but how? A novel approach has emerged in seventeen states: domestic asset product trusts (DAPTs). DAPTs are self-settled spindthrift trusts that allow the settlor to retain a beneficial interest in the trust while removing it from the reach of future creditors. Through the lens of the favorable ruling in Klackaba v. Nelson, this Note addresses why DAPTs should be regarded as an effective method of protecting a settlor’s money and argue for more states to follow suit.
Fascism And Monopoly, 2019 University of Michigan Law School
Fascism And Monopoly, Daniel A. Crane
Law & Economics Working Papers
The recent revival of political interest in antitrust has resurfaced a longstanding debate about the role of industrial concentration and monopoly in enabling Hitler’s rise to power and the Third Reich’s wars of aggression. Proponents of stronger antitrust enforcement argue that monopolies and cartels brought the Nazis to power and warn that rising concentration in the American economy could similarly threaten democracy. Skeptics demur, observing that German big business largely opposed Hitler during the crucial years of his ascent. Drawing on business histories and archival material from the U.S. Office of Military Government’s Decartelization Unit, this Article assesses the historical …
Accommodating Capital And Policing Labor: Antitrust In The Two Gilded Ages, 2019 University of Maryland Francis King Carey School of Law
Accommodating Capital And Policing Labor: Antitrust In The Two Gilded Ages, Sandeep Vaheesan
Maryland Law Review
In enacting the antitrust laws, Congress sought to prevent big businesses from maintaining and augmenting their power through collusion, mergers, and exclusionary and predatory practices and also aimed to preserve the ability of workers to act in concert. At times, the antitrust laws have benefited ordinary Americans. Antitrust achievements include the restructuring of the oil industry in 1911, the creation of competitive market structures in the mid-twentieth century, and the termination of AT&T’s telecommunications monopoly in 1984.
Yet, the history of antitrust in the United States is not one of uninterrupted successes. Over two forty-year periods, the executive branch and …