Law Commons^™

Antitrust Governance: The New Wave Of Antitrust, Yane Svetiev

Loyola University Chicago Law Journal

Antitrust law has entered a new phase of an always-controversial existence. The role of antitrust in moderating interfirm relationships depends both on the problems that arise in such relationships and the institutional capacity of antitrust decision-makers to respond to those problems effectively. For much of the twentieth century, the model firm was hierarchical: vertical integration within the business organization was a way of achieving transaction cost efficiencies and delivering to market higher levels of output at a lower price. The argument that integration was beneficial for organizing efficient production was used to induce a shift in the focus of antitrust …

The Sword Of North Carolina's "Unfair And Deceptive Trade Practices Act": Combating North Carolina Businesses Who Undercut Competition By Hiring Illegal Immigrants, Boris S. Abbey

Campbell Law Review

The legal issue explored in this Comment is whether a cause of action is available to North Carolina business owners that have been put at an economic disadvantage by competing companies that hire illegal immigrants.

Why Was The U.S. Corporate Tax Enacted In 1909?, Reuven S. Avi-Yonah

Book Chapters

This chapter argues that the principal reason the US adopted the corporate tax in 1909 was to regulate corporate managerial power, and that in this regard the 1909 tax differed both from the 1894 corporate tax and from current conceptions of the tax as an indirect tax on corporation’s shareholders.

The United States has had a corporate income tax since 1909. Currently, this tax is under significant criticism, with several academics and practitioners calling for its abolition. It therefore seems appropriate in this context to try to determine what led to the enactment of this tax, and whether the original …

Canadian Softwood Lumber And Free Trade Under Nafta, Sydney M. Cone Iii.

Articles & Chapters

Canada and the United States have been involved in a long-running dispute over U.S. efforts to protect U.S. producers of softwood lumber by imposing high duties on imports of Canadian-origin softwood lumber. This dispute was prolonged by virtue of the fact that Canada and the United States not only are parties to the North American Free Trade Agreement ("NAFTA"), but also are members of the World Trade Organization ("WTO"). NAFTA contains provisions for the resolution of a trade dispute by an arbitration panel. A WTO agreement known as the Dispute Settlement Understanding ("DSU") separately provides for the creation of panels …

Communication And Concerted Action , William H. Page

Loyola University Chicago Law Journal

It is a familiar scenario in U.S. antitrust litigation: The plaintiffs allege that a pattern of identical pricing (or refusals to deal) is "concerted" and therefore per se illegal; the defendant responds that the practice is merely "consciously parallel" or "interdependent" and therefore legal. Under U.S. law, to avoid summary judgment or judgment as a matter of law, a plaintiff must produce a "plus factor," evidence that "tends to exclude the possibility" that the defendants' actions were merely interdependent. Courts have identified various plus factors-for example, evidence that the alleged conduct was against the defendant's interest unless it was pursuant …

The "Proper" - And By That I Mean Limited - Role For Economists In Price-Fixing Litigation, David Marx Jr.

Loyola University Chicago Law Journal

No abstract provided.

Comments On Professor Page's Discussion Of Matsushita, T. Mark Mclaughlin

Loyola University Chicago Law Journal

No abstract provided.

Matsushita At Twenty: A Conference Introduction, Spencer Weber Waller

Loyola University Chicago Law Journal

No abstract provided.

Refining The Matsushita Standard And The Role Economics Can Play, James Langernfeld, James Morsch

Loyola University Chicago Law Journal

No abstract provided.

The Legacy Of Matsushita: The Role Of Economics In Antitrust Litigation, Michael A. Salinger

Loyola University Chicago Law Journal

No abstract provided.

Matsushita And The Role Of Economists With Regard To Proof Of Conspiracy, Daniel R. Schulman

Loyola University Chicago Law Journal

No abstract provided.

Behavioral Economists At The Gate: Antitrust In The Twenty-First Century, Maurice E. Stucke

Loyola University Chicago Law Journal

No abstract provided.

International Antitrust Negotiations And The False Hope Of The Wto, Anu Bradford

Faculty Scholarship

Multinational corporations ("MNCs") operate today in an increasingly open global trade environment. While tariff barriers have collapsed dramatically, several states and numerous scholars have raised concerns that the benefits of trade liberalization are undermined by various non-tariff barriers ("NTBs") to trade, including the anticompetitive business practices of private enterprise. As a result, demands to link trade and antitrust policies more closely by extending the coverage of the World Trade Organization ("WTO") to incorporate antitrust law have gathered momentum over the last decade.

Most advocates of a WTO antitrust agreement base their normative claims on largely intuitive assumptions about the necessity …

A Brief History Of American Telecommunications Regulation, Tim Wu

Faculty Scholarship

While the history of governmental regulation of communication is at least as long as the history of censorship, the modern regulation of long-distance, or "tele," communications is relatively short and can be dated to the rise of the telegraph in the mid-19th century. The United States left the telegraph in private hands, unlike countries and as opposed to the U.S. postal system, and has done the same with most of the significant telecommunications facilities that have been developed since. The decision to allow private ownership of telecommunications infrastructure has led to a rather particularized regulation of these private owners of …

Nervine' And Knavery: The Life And Times Of Dr. Miles Medical Company, Rudolph J.R. Peritz

Articles & Chapters

No abstract provided.

Antitrust Process And Vertical Deference: Judicial Review Of State Regulatory Inaction, Jim Rossi

Vanderbilt Law School Faculty Publications

Courts struggle with the tension between national competition laws, on the one hand, and state and local regulation, on the other--especially as traditional governmental functions are privatized and as economic regulation advances beyond its traditional role to address market monitoring. This Article defends a process-based account of the antitrust state-action exception against alternative interpretations, such as the substantive efficiency-preemption approach that Richard Squire recently advanced, and it elaborates on what such a process-based account would entail for courts addressing the role of state economic regulation as a defense in antitrust cases. It recasts the debate as focused around delegation issues …

Workable Antitrust Remedies, William H. Page

UF Law Faculty Publications

Just over twenty years ago, Frank Easterbrook proposed renaming the Chicago School of antitrust analysis the “Workable Antitrust Policy School,” in recognition of its skepticism about “the ability of courts to make things better even with the best data.” Richard Epstein's brief study of consent decrees is in this tradition of circumspection in antitrust matters. Epstein proposes to analyze “the role consent decrees play in the antitrust law” by examining “the factual and legal disputes that gave rise” to various decrees. He finds many decrees of the past century misguided in their ambition, but concludes, on the evidence of the …

Monopolists Without Borders: The Institutional Challenge Of International Antitrust In A Global Gilded Age, D. Daniel Sokol

UF Law Faculty Publications

Antitrust has entered a gilded age of increased international domestic legislatures, courts, and agencies, and the market as an institution. Existing institutions each have limitations in their ability to address any of the issues in international antitrust exclusively. This Article argues that the ICN is the institution best suited to address these issues. This approach may assist to identify other regulatory areas in which an ICN modeled "soft law" transnational institutional choice may prove to be the most effective way to address international issues.

The Case For Reclaiming European Unfair Competition Law From Europe’S Consumer Lawyers, Christopher Wadlow

Christopher Wadlow

No abstract provided.

La Cláusula General Como Elemento Esencial En La Configuración De Los Actos De Competencia Desleal Enunciados Y No Enunciados, Pierino Stucchi

Pierino Stucchi

No abstract provided.

Agências E Falácias, Ivo T. Gico

Ivo Teixeira Gico Jr.

O autor faz uma revisão crítica acerca das afirmações do ex-Ministro Bresser-Pereira sobre estabelecer mandatos para dirigentes das agências reguladoras e suas conseqüências.

The author makes a critical review on the former Minister Bresser-Pereira statements on establishing mandates for leaders of regulatory agencies and its consequences.

Afinal, O Que Beneficia O Consumidor?, Carlos Emmanuel Joppert Ragazzo

carlos ragazzo

No abstract provided.