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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 ...


Retooling The Intellectual Property-Antitrust Intersection: Insights From Behavioral Economics, 69 Baylor L. Rev. 124 (2017), Daryl Lim 2017 John Marshall Law School

Retooling The Intellectual Property-Antitrust Intersection: Insights From Behavioral Economics, 69 Baylor L. Rev. 124 (2017), Daryl Lim

Faculty Scholarship

This Article argues that courts should operationalize insights offered by behavioral economics in developing jurisprudence at the patent-antitrust interface.


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.


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 Courts' Interpretations Of Legitimate Business Purposes, With Applications To Lexmark, 16 J. Marshall Rev. Intell. Prop. L. 411 (2017), W. Lesser 2017 John Marshall Law School

The Courts' Interpretations Of Legitimate Business Purposes, With Applications To Lexmark, 16 J. Marshall Rev. Intell. Prop. L. 411 (2017), W. Lesser

The John Marshall Review of Intellectual Property Law

Courts frequently must assess 'intent'. This article applies to the interpretation the intent of "legitimate business purposes" as a justification for restrictive use licensing agreements for patented products. Generally, the 'first sale' doctrine terminates the use rights of the patent holder. However, if the sale is conditioned on some use limitations and violators of those terms are liable for infringement. The courts, suggested in Mitchell v. Hawley (1872) and formalized in Mallinckrodt v. Medipart (1992), have allowed use restrictions based on license terms. Restrictions are disallowed under the affirmative defense of patent invalidity, such as from an antitrust violation. This ...


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.


Louis Brandeis And Contemporary Antitrust Enforcement, Kenneth G. Elzinga, Micah Webber 2017 Touro College Jacob D. Fuchsberg Law Center

Louis Brandeis And Contemporary Antitrust Enforcement, Kenneth G. Elzinga, Micah Webber

Touro Law Review

No abstract provided.


The Craft Brewing Boom And Minnesota's Three-Tier System: The Case For Change, Jeffrey C. O'Brien 2017 Mitchell Hamline School of Law

The Craft Brewing Boom And Minnesota's Three-Tier System: The Case For Change, Jeffrey C. O'Brien

Mitchell Hamline Law Review

No abstract provided.


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.


Debating Employee Non-Competes And Trade Secrets, Sharon Sandeen, Elizabeth A. Rowe 2017 Mitchell Hamline School of Law

Debating Employee Non-Competes And Trade Secrets, Sharon Sandeen, Elizabeth A. Rowe

Faculty Scholarship

Recently, a cacophony of concerns have been raised about the propriety of noncompetition agreements (NCAs) entered into between employers and employees, fueled by media reports of agreements which attempt to restrain low-wage and low-skilled workers, such as sandwich makers and dog walkers. In the lead-up to the passage of the federal Defend Trade Secrets Act of2016 (DTSA), public policy arguments in favor of employee mobility were strongly advocated by those representing the "California view" on the enforceability of NCAs, leading to a special provision of the DTSA that limits injunctive relief with respect to employee NCAs. Through our lens as ...


Abuse Of The Hatch-Waxman Act: Mylan's Ability To Monopolize Reflects Weaknesses, Kieran Meagher 2017 Brooklyn Law School

Abuse Of The Hatch-Waxman Act: Mylan's Ability To Monopolize Reflects Weaknesses, Kieran Meagher

Brooklyn Journal of Corporate, Financial & Commercial Law

The Drug Price Competition and Patent Term Restoration Act of 1984, better known as the Hatch-Waxman Act, is intended to lower the average price paid by consumers for prescription drugs. The Hatch-Waxman Act attempts to do so by simplifying the application process for generic drug manufacturers, allowing generic drug applications to circumvent the lengthy FDA testing and approval process that brand-name manufacturers must undergo. Though the Hatch-Waxman Act has successfully created a clear path to the market for generic drugs, it contains loopholes that allow brand name and generic companies to engage in practices aimed at maximizing monopoly profits, effectively ...


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 ...


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 ...


Use Case Product Markets And The Spirit Of Reasonable Interchangeability, Denis Hurley 2017 J.D. Candidate, Cornell Law School, 2018

Use Case Product Markets And The Spirit Of Reasonable Interchangeability, Denis Hurley

Cornell Journal of Law and Public Policy

This Note posits that a single product with multiple, non-reasonably interchangeable use cases can function like multiple products, exchanged in multiple product markets, for purposes of assessing antitrust liability.

In antitrust law, individual product markets are defined by the principle of reasonable interchangeability (or substitutability). Where a single product has multiple uses that are not reasonably interchangeable, the use cases should define the product market. The lay concept of what constitutes a single product is not applicable to antitrust law when a single product has multiple, non-reasonably interchangeable use cases. As a result, antitrust liability should attach where a seller ...


Law And Economics Scholarship And Supreme Court Antitrust Jurisprudence, 1950–2010, Camden Hutchison 2017 Allard School of Law at the University of British Columbia

Law And Economics Scholarship And Supreme Court Antitrust Jurisprudence, 1950–2010, Camden Hutchison

Faculty Publications

Although law and economics has influenced nearly every area of American law, few have been as deeply and as thoroughly "economized" as antitrust. Beginning in the 1970s, antitrust law—traditionally informed by populist hostility to economic concentration—was dramatically transformed by a new and overriding focus on economic efficiency. This transformation was associated with a provocative new wave of antitrust scholarship, which claimed that economic efficiency (or "consumer welfare") was the sole legitimate aim of antitrust policy. The U.S. Supreme Court seemingly agreed, issuing decision after decision rejecting traditional antitrust values and adopting the efficiency norm of the law ...


Why Intra-Brand Dealer Competition Is Irrelevant To The Price Effects Of Tesla's Vertical Integration, Daniel A. Crane 2017 University of Michigan Law School

Why Intra-Brand Dealer Competition Is Irrelevant To The Price Effects Of Tesla's Vertical Integration, Daniel A. Crane

Articles

"In recent years, Tesla Motors (recently renamed Tesla) has been engaged in a state-by-state ground way for the right to distribute it’s all-electric vehicles directly to consumers. The car dealers' lobby, with the political backing of General Motors, has fiercely battled back, relying on decades-old state dealer protection laws to argue that Tesla is legally bound to distribute through franchised dealers. Through a combination of favorable state legislative and judicial decisions, Tesla has won the right to distribute directly in many states, but remains categorically barred from direct distribution in important states like Michigan and Texas--and hence all direct ...


Antitrust Via Rulemaking: Competition Catalysts, Tim Wu 2017 Columbia Law School

Antitrust Via Rulemaking: Competition Catalysts, Tim Wu

Faculty Scholarship

The promotion of competition in the American economy is a task that has traditionally fallen to the enforcement agencies at the federal and state level, relying on the main antitrust statutes. However, the challenge of declining competition has also prompted interest in the use of regulatory alternatives to antitrust to “catalyze” competition. The strategy involves using industry-specific statutes, rulemakings, or other tools of the regulatory state to achieve the traditional competition goals associated with the antitrust laws. Hence, “antitrust via rulemaking.” This paper has two goals. The first goal is to better describe the regulatory tools used by agencies and ...


Understanding Online Markets And Antitrust Analysis, D. Daniel Sokol, Jingyuan Ma 2017 University of Florida Levin College of Law

Understanding Online Markets And Antitrust Analysis, D. Daniel Sokol, Jingyuan Ma

UF Law Faculty Publications

Antitrust analysis of online markets is a hot topic around the world. In a number of jurisdictions, online markets already have been subject to antitrust review in merger or conduct cases. In other jurisdictions, these issues are in a nascent stage of policy. A number of lessons can be learned from the cases to date involving online markets with regard to optimal antitrust policy. What these cases tend to share are some basic features as to how online markets work. Some jurisdictions understand the particular dynamics of multi-sided online markets. Other competition authorities sometimes may misidentify these markets. This essay ...


Troubled Waters Between U.S. And European Antitrust, D. Daniel Sokol 2017 University of Florida Levin College of Law

Troubled Waters Between U.S. And European Antitrust, D. Daniel Sokol

UF Law Faculty Publications

Antitrust is an important area of law and policy for most companies in the world. Having divergent rules across antitrust systems means that the same economic behavior may be treated differently depending on the jurisdiction, leading to disparate outcomes in which one jurisdiction finds illegal behavior (but the other does not) when the underlying behavior may be pro-competitive. This disparate set of outcomes creates a world in which the most stringent antitrust system may produce the global standard. As a result, if the antitrust rules applied are too rigid, they threaten to hurt consumers not merely in the jurisdiction where ...


Untangling The Market And The State, Wentong Zheng 2017 University of Florida Levin College of Law

Untangling The Market And The State, Wentong Zheng

UF Law Faculty Publications

The government plays increasingly active and diversified roles in the modern economy. How to draw the boundary between the market and the state has emerged as a contentious issue in various areas of law, including constitutional law, antitrust, and international trade. This Article surveys and critiques the law’s current approaches to the market-versus-state divide, embodied in four tests based on ownership, control, function, and role, respectively. This Article proposes an alternative market-versus-state test based on the nature of the power being exercised in the challenged action. This power-based test not only better distinguishes between the market and the state ...


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