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Full-Text Articles in Law
Intellectual Property For Breakfast: Market Power And Informative Symbols In The Marketplace, P. Sean Morris
Intellectual Property For Breakfast: Market Power And Informative Symbols In The Marketplace, P. Sean Morris
Cleveland State Law Review
This Article continues to examine an important question: are trademarks a source of market power, or, put differently, when are trademarks an antitrust problem? This fundamental question is a cause of division among antitrust and intellectual property law scholars. However, by raising the question and presenting some scenarios that can provide answers, my hope is that contemporary antitrust and intellectual property scholars can explore some of its implications. As part of my own quest to address this question, I explore the proposition that creative deception and the wealth-generating capacity of trademarks are unorthodox elements that actually contribute to allegations of …
Colluding Under The Radar: Achieving Collusion Through Vertical Exchange Of Information, Julia Shamir, Noam Shamir Recanati Graduate School Of Business, Tel Aviv University
Colluding Under The Radar: Achieving Collusion Through Vertical Exchange Of Information, Julia Shamir, Noam Shamir Recanati Graduate School Of Business, Tel Aviv University
Cleveland State Law Review
In the absence of antitrust regulations, rational profit-maximizing firms in an oligopoly may freely act in consort to reach a consensus and to maintain prices above the competitive level. However, in light of potential exposure to antitrust investigations and prospective heavy sanctions, firms attempt to achieve collusive outcomes without resorting to explicit agreements. One mechanism that may promote such tacit collusion is information-sharing; that is, the otherwise competing firms exchange their private information in order to set and maintain supra-competitive prices. Thus far, the attention of the antitrust authorities and scholars has focused on the phenomenon of horizontal information-sharing, i.e., …
On The Ramifications Of Leegin Creative Leather Products, Inc. Psks, Inc.: Art Tie-Ins Next Essay , Alan Devlin
On The Ramifications Of Leegin Creative Leather Products, Inc. Psks, Inc.: Art Tie-Ins Next Essay , Alan Devlin
Cleveland State Law Review
This Essay considers whether the Roberts Court would now overrule the last bastion of the Harvard School-the rule against product tying-if given the opportunity. The economic arguments against per se treatment of tie-ins apply a fortiori to those against resale price maintenance. In addition, applying the line of thought followed by the majority in Leegin leads inexorably to the conclusion that the per se rule proscribing tying arrangements should be similarly overruled. Part II explains the business practice of resale price maintenance and the law's formerly mistaken understanding of its consequences. The Leegin case will then be introduced and compendiously …
Can Cleveland Clinic Health System Be Trusted: Whether A Proposed Merger Or Acquisition By Cleveland Clinic Health System Will Substantially Impair The Competitive Health Care Market In Northeast Ohio Resulting In A Violation Of Federal Antitrust Statutes, Matthew T. Polito
Journal of Law and Health
This article analyzes the implications of the Clayton Antitrust Act (Clayton Act) and the Sherman Antitrust Act (Sherman Act) as they pertain to the Cleveland Clinic Health System (CCHS). Part One provides background analysis of these two statutes, and the application of those statutes to mergers in the health care industry. Part Two discusses the elements needed to prove the government's prima facie case. This consists of a discussion of a relevant market, which includes the product and geographic markets. This section also contains a description and analysis of market concentration, measured by the Herfindahl-HIrschman Index (HHI). Part Three provides …
The Stifling Of Competition By The Antitrust Laws: The Irony Of The Health Care Industry, John A. Powers
The Stifling Of Competition By The Antitrust Laws: The Irony Of The Health Care Industry, John A. Powers
Journal of Law and Health
The text to follow is intended to provide an overview of the legal basis for the imbalance of power currently inherent to the health care industry, suggesting several reasons for its development. It also provides an outline of the current basis for antitrust liability in this country and describes some possible solutions. The most practical and effective means through which to rectify this imbalance would be to enact new federal legislation that would amend the antitrust laws to allow for limited "unionization" of independently practicing physicians for collective bargaining purposes.
Protest Boycotts As Restraints Of Trade Under The Sherman Act: A Proposed Standard, Francis M. Allegra
Protest Boycotts As Restraints Of Trade Under The Sherman Act: A Proposed Standard, Francis M. Allegra
Cleveland State Law Review
This paper will maintain that genuine protest boycotts are not anticompetitive because they do not restrict the economic freedom of either the participants or the boycotted entity; nor are they used to enforce an anticompetitive practice, such as collusion or horizontal exclusion. In Part II, cases dealing with unilateral and concerted refusals to deal will be examined to determine under which circumstances refusals to deal are illegal. Part III will analyze two recent protest boycotts cases: Crown Central Petroleum v. Waldman, and Osborn v. Pennsylvania-Delaware Service Station. The legal standards used in these cases will be rejected in Part IV …
Defining Market Under The Clayton Act: Consideration Of Technological Capacity, Carol Szczepanik
Defining Market Under The Clayton Act: Consideration Of Technological Capacity, Carol Szczepanik
Cleveland State Law Review
This article will discuss technological capacity, an economic consideration to which some courts seem to give insubstantial consideration in challenges to section 7 of the Clayton Act. If courts consistently evaluated evidence of technological capacity, section 7 could be more effective in prohibiting mergers that have the effect of lessening competition in an economically significant market.
Defining Market Under The Clayton Act: Consideration Of Technological Capacity, Carol Szczepanik
Defining Market Under The Clayton Act: Consideration Of Technological Capacity, Carol Szczepanik
Cleveland State Law Review
This article will discuss technological capacity, an economic consideration to which some courts seem to give insubstantial consideration in challenges to section 7 of the Clayton Act. If courts consistently evaluated evidence of technological capacity, section 7 could be more effective in prohibiting mergers that have the effect of lessening competition in an economically significant market.
Analysis Of The Ftc Line Of Business And Corporate Patterns Reports Litigation, Douglas P. Whipple
Analysis Of The Ftc Line Of Business And Corporate Patterns Reports Litigation, Douglas P. Whipple
Cleveland State Law Review
Under the auspices of the information gathering authority granted to the Federal Trade Commission (FTC) by the Federal Trade Commission Act, the Commission has developed two corporate report programs entitled "The Line of Business [LB] Report Program" and "The Corporate Patterns Report [CPR] Program." These broad-based statistical surveys solicit from domestic corporations information on financial performance, value of shipments, net manufacturing activities, and significant acquisitions and disposals. The LB and CPR survey orders were issued to hundreds of corporations, mostly giant conglomerates. Predictably, the corporations resisted the report requirements. The inevitable result of this dispute over the LB and CPR …