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Pre-Imagining The Copyright Board, Ariel Katz 2016 Faculty of Law, University of Toronto

Pre-Imagining The Copyright Board, Ariel Katz

Ariel Katz

On May 25, 2016, ALAI Canada organized a conference titled "The Copyright Board of Canada: Which Way Ahead?" In this presentation, I described how the Copyright Board seems to lack a clear understanding of its mandate and a supporting theory of regulation. Since different regulatory goals require or justify different regulatory means and institutions, articulated a clear mandate should be a first step for evaluating the Board's function and for considering potential reforms.


Hospital Mergers And Economic Efficiency, Roger D. Blair, Christine Piette Durrance, D. Daniel Sokol 2016 University of Florida

Hospital Mergers And Economic Efficiency, Roger D. Blair, Christine Piette Durrance, D. Daniel Sokol

D. Daniel Sokol

Consolidation via merger both from hospital-to-hospital mergers and from hospital acquisitions of physician groups is changing the competitive landscape of the provision of health care delivery in the United States. This Article undertakes a legal and economic examination of a recent Ninth Circuit case examining the hospital acquisition of a physician group. This Article explores the Saint Alphonsus Medical Center-Nampa Inc. v. St. Luke’s Health System, Ltd. (St. Luke’s) decision—proposing a type of analysis that the district court and Ninth Circuit should have undertaken and that we hope future courts undertake when analyzing mergers in the health ...


Economías Colaborativas Regulación Y Competencia, Camilo Ossa 2016 camilo.ossa@uexternado.edu.co

Economías Colaborativas Regulación Y Competencia, Camilo Ossa

Camilo Ossa

¿Puede la tecnología transformar drásticamente los mercados?La respuesta parece obvia, sin embargo, el problema no basta solo con señalarlo, sino, hay que decirlo, hoy día lo estamos viviendo y, considero yo, padeciendo, tal vez por la forma como tradicionalmente vemos, en este caso, los mercados, la competencia y la regulación.El artículo adelanta una investigación centrada en intentar entender de donde surgen estas nuevas formas de asociación en la producción, distribución, prestación y consumo de bienes y servicios, así como su impacto en la economía y, como consecuencia, la respuesta regulatoria que debería adoptarse. Son nuevos modelos que para ...


The Prc Ndrc Case Against Qualcomm: A Misguided Venture Or Justified Enforcement Of Competition Law?, Thomas K. Cheng 2016 University of Hong Kong

The Prc Ndrc Case Against Qualcomm: A Misguided Venture Or Justified Enforcement Of Competition Law?, Thomas K. Cheng

Thomas K. Cheng

The Chinese Anti-Monopoly Law (AML) has attracted much attention in recent years. There have been accusations of protectionism and of the AML being used to target foreign companies. Against this backdrop, the investigation by the National Development and Reform Commission (NDRC) against Qualcomm over the latter’s licensing practices
was especially controversial. This was particularly so because China has long complained about the high licensing fees its domestic manufacturers have to pay to foreign patentees. And Qualcomm is a major licensor of communications technologies and earns a very considerable amount of licensing revenue in China. Qualcomm was eventually slapped the ...


Getting A Handle On Growler Laws, Adam Star 2016 Seattle University School of Law

Getting A Handle On Growler Laws, Adam Star

Seattle University Law Review

This Note will begin with a brief general history of growlers in the United States and the benefits they provide to consumers, retailers, and small craft brewers. Part II will provide an overview of national alcohol distribution regulation and how the present growler law exists within this larger framework. To complete the necessary background information, Part III will provide context to the competitive landscape by way of an examination of the craft beer industry’s explosive growth. The substantive portion of the Note will follow in Part IV, beginning with an outline of the various key types of growler restrictions ...


The Shochu Conundrum: Economics And Gatt Article Iii, Alex Davis 2016 George Washington University

The Shochu Conundrum: Economics And Gatt Article Iii, Alex Davis

Undergraduate Economic Review

This paper will discuss the National Treatment (NT) obligation contained in Article III of the General Agreement on Tariffs and Trade (GATT) 1994 as applied in precedential tax discrimination cases. Case law has not taken a firm stance on the economic versus legal interpretation of the likeness/directly competitive or substitutable (DCS) criterion or the principle of “so as to afford protection” (SATAP) captured in Article III.2. After examining the case law on discriminatory taxation, I conclude that the NT obligation in trade agreements is imperfect. Nonetheless, NT is a critical component of these agreements, and the international trade ...


A Quest For Consistency: The Meaning Of 'Direct' In The Foreign Trade Antitrust Improvements Act, Richard Lobas 2016 Cleveland-Marshall College of Law

A Quest For Consistency: The Meaning Of 'Direct' In The Foreign Trade Antitrust Improvements Act, Richard Lobas

The Global Business Law Review

This note argues that the United States courts need to apply a more consistent interpretation of the meaning of "direct" within the context of the Foreign Trade Antitrust Improvements Act (FTAIA). The FTAIA serves to apply U.S. antitrust law, specifically the Sherman Act, to trade or commerce with foreign nations. One scenario in which this law may be applied is when trade or commerce with a foreign nation has a "direct, substantial, and reasonably foreseeable" effect on domestic commerce. However, courts purport to apply different standards to determine whether an effect is direct, leading to confusion and inconsistency. Contributing ...


The Arc And Architecture Of Private Enforcement Regimes In The United States And Europe: A View Across The Atlantic, Jason Rathod, Sandeep Veheesan 2016 Founding Partner, Migliaccio & Rathod LLP, Washington D.C.

The Arc And Architecture Of Private Enforcement Regimes In The United States And Europe: A View Across The Atlantic, Jason Rathod, Sandeep Veheesan

University of New Hampshire Law Review

The United States and Europe have traditionally taken very different approaches to the regulation of harmful conduct. Previously, European nations relied almost entirely on the public enforcement of laws, whereas the United States relied on a mix of public and private actors. In the United States, private rights of action have played a central role deterring illegal conduct—and, in fact, provided greater deterrence than public enforcers in some areas of law. They have also allowed injured parties to obtain compensation. Despite their very different histories, the private enforcement systems in the United States and Europe are showing signs of ...


Antitrust Challenge Of No Challenge Clauses, Thomas K. Cheng 2016 University of Hong Kong

Antitrust Challenge Of No Challenge Clauses, Thomas K. Cheng

Thomas K. Cheng

This Article examines a patent licensing practice that has hitherto escaped the attention of U.S. antitrust law: the no challenge clauses. Under these clauses, a patent licensee is prohibited from challenging the validity of the licensed patent. These clauses have so far only been examined under patent law in terms of enforceability. This oversight by antitrust law is unfortunate, as no challenge clauses can create consumer harm by protecting an otherwise invalid patent from challenges and artificially extending the exclusive period granted by the patent law. This means that consumers have to bear supra-competitive prices for longer than necessary ...


The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Philippe Schreiber 2016 Columbia University

The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Philippe Schreiber

Georgia Journal of International & Comparative Law

No abstract provided.


The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Robert Y. Jennings 2016 Cambridge University

The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Robert Y. Jennings

Georgia Journal of International & Comparative Law

No abstract provided.


Network Effects In Technology Markets: Applying The Lessons Of Intel And Microsoft To Future Clashes Between Antitrust And Intellectual Property, John T. Soma, Kevin B. Davis 2016 University of Denver College of Law

Network Effects In Technology Markets: Applying The Lessons Of Intel And Microsoft To Future Clashes Between Antitrust And Intellectual Property, John T. Soma, Kevin B. Davis

Journal of Intellectual Property Law

No abstract provided.


A Critique Of Saudi M&A Laws, Mulhim Hamad Almulhim 2016 Penn State Law

A Critique Of Saudi M&A Laws, Mulhim Hamad Almulhim

SJD Dissertations

This dissertation aims to elucidate Saudi Arabia’s mergers and acquisitions (M&A) laws. The dissertation studies and analyzes current Saudi M&A laws with reference to comparative models from different countries and provides recommendations to improve the transparency and efficiency of Saudi Arabia’s M&A laws. Such improvements may help companies attempting to conduct M&A activity in Saudi Arabia address certain barriers and difficulties, which may in turn help to stimulate the Saudi Arabian economy.

Saudi Arabia is considered one of the world’s foremost emerging markets. Since Saudi Arabia joined the World Trade Organization, its stock ...


Remarks From The 5th Annual Antitrust Law Leaders Forum / Antitrust: Helping Drive The Innovation Economy, Renata B. Hesse Antitrust 2016 Antitrust Division of the U.S. Department of Justice

Remarks From The 5th Annual Antitrust Law Leaders Forum / Antitrust: Helping Drive The Innovation Economy, Renata B. Hesse Antitrust

Journal of Technology Law & Policy

The year 2015 was a busy year for the Antitrust Division (Division) of the U.S. Department of Justice (Department)—we opened a number of investigations, logged a lot of trial time, and recorded several victories of note, all of which I will quickly highlight in a moment. But while these actions give you a snapshot of what we do on a day-to-day basis, they don’t fully capture our role in helping drive innovation. What I want to discuss first is how all of that work that we do maintaining competitive markets intersects with an economy that is constantly ...


Trading Ahead Of Bad News: Evidence From Short-Sales Of Stocks And The Options Market, Nicholas E. Macksoud 2016 Ursinus College

Trading Ahead Of Bad News: Evidence From Short-Sales Of Stocks And The Options Market, Nicholas E. Macksoud

Business and Economics Honors Papers

Throughout the past ten years, the United States Environmental Protection Agency (EPA) has issued hundreds of enforcement actions in the electric, natural gas, and petroleum industries. The vast majority of these citations have been violations of environmental statutes, notably the Clean Air Act (CAA) and the Clean Water Act (CWA). My research evaluates the timing of informed investors’ actions pertaining to the public release of these EPA announcements. Since informed traders have much more leverage in the options market, there seems likely to be a concentration of abnormal put option activity shortly before the time in which the announcements reach ...


Copyright Misuse And The Limits Of The Intellectual Property Monopoly, Aaron Xavier Fellmeth 2016 Baker & McKenzie (San Francisco)

Copyright Misuse And The Limits Of The Intellectual Property Monopoly, Aaron Xavier Fellmeth

Journal of Intellectual Property Law

No abstract provided.


Recent Developments And Future Prospects Of The Common Market, Michael Waelbroeck 2016 University of Brussels

Recent Developments And Future Prospects Of The Common Market, Michael Waelbroeck

Georgia Journal of International & Comparative Law

No abstract provided.


A New Chapter In Antitrust Law: The Second Circuit's Decision In United States V. Apple Determines Hub-And-Spoke Conspiracy Per Se Illegal, Erin Garrity 2016 Boston College Law School

A New Chapter In Antitrust Law: The Second Circuit's Decision In United States V. Apple Determines Hub-And-Spoke Conspiracy Per Se Illegal, Erin Garrity

Boston College Law Review

On June 30, 2015, in United States v. Apple, Inc., the U.S. Court of Appeals for the Second Circuit held that Apple’s agreements with five publishing companies violated the Sherman Act. With Apple as a retailer and the publishers as manufacturers, the agreements between the two groups were vertical. This classification is significant because in 2007 in Leegin Creative Leather Products v. PSKS, Inc., the Supreme Court held that all vertical agreements should be analyzed under the rule of reason. Rather than looking at the structure of the agreements, however, the Second Circuit focused on the type of ...


The Interaction Of Exhaustion And The General Law: A Reply To Duffy And Hynes, Ariel Katz, Aaron K. Perzanowski, Guy A. Rub 2016 University of Toronto, Faculty of Law

The Interaction Of Exhaustion And The General Law: A Reply To Duffy And Hynes, Ariel Katz, Aaron K. Perzanowski, Guy A. Rub

Ariel Katz

In Statutory Domain and the Commercial Law of Intellectual Property, John Duffy and Richard Hynes argue that IP exhaustion — the doctrine that limits a patentee’s or copyright holder’s control over goods in the stream of commerce — was created and functions exclusively to confine IP law within its own domain and prevent it from displacing other laws.

In this essay, we explain why we are not persuaded. A central theme in Duffy and Haynes work is the argument that the common law did not play a role in the emergence and development of exhaustion. However, we show that the ...


In Praise Of All Or Nothing Dichotomous Categories: Why Antitrust Law Should Reject The Quick Look, Alan Meese 2016 William & Mary Law School

In Praise Of All Or Nothing Dichotomous Categories: Why Antitrust Law Should Reject The Quick Look, Alan Meese

Faculty Publications

No abstract provided.


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