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Antitrust and Trade Regulation

Loyola University Chicago, School of Law

Loyola University Chicago Law Journal

Articles 1 - 30 of 69

Full-Text Articles in Law

The Enduring Promise Of Antitrust, Philip J. Weiser Jan 2020

The Enduring Promise Of Antitrust, Philip J. Weiser

Loyola University Chicago Law Journal

No abstract provided.


Is There A Vatican School For Competition Policy?, Tihamer Toth Jan 2014

Is There A Vatican School For Competition Policy?, Tihamer Toth

Loyola University Chicago Law Journal

This Article examines whether the Catholic Church’s social teaching has something to tell antitrust scholars and masters of competition policy. Although papal encyclical letters and other documents are not meant to provide an analytical framework giving clear answers to complex competition questions, this does not mean that these thoughts cannot benefit businessmen, scholars, and policy makers. The Vatican teaching helps us remember that business and morality do not belong to two different worlds, and that markets should serve the whole Man. It acknowledges the positive role of free markets,that is, the exercise of economic freedom as being an important part …


Antitrust Law And Economic Theory: Finding A Balance, Edward D. Cavanagh Jan 2013

Antitrust Law And Economic Theory: Finding A Balance, Edward D. Cavanagh

Loyola University Chicago Law Journal

Over the past forty years, the federal courts have relied more and more on economic theory to inform their antitrust analyses. Economic theory has indeed provided guidance with respect to antitrust issues and assisted the courts in reaching rational outcomes. At the same time, infusion of economic evidence into antitrust cases has made these cases more complex, lengthier, more expensive to litigate, and less predictable.

This Article argues that courts need to restore the balance between facts and economic theory in undertaking antitrust analysis. The problem is not that judges and juries cannot reach good outcomes in antitrust cases, but …


Stranger In A Strange Land: An Outsider's View Of Antitrust And The Courts, Neil Komesar Jan 2010

Stranger In A Strange Land: An Outsider's View Of Antitrust And The Courts, Neil Komesar

Loyola University Chicago Law Journal

No abstract provided.


Antitrust And Institutions: Design And Change, Eleanor M. Fox Jan 2010

Antitrust And Institutions: Design And Change, Eleanor M. Fox

Loyola University Chicago Law Journal

No abstract provided.


A Model Of Antitrust Regulatory Strategy, Allan Fels Jan 2010

A Model Of Antitrust Regulatory Strategy, Allan Fels

Loyola University Chicago Law Journal

No abstract provided.


When The Going Get Tight: Institutional Solutions When Antitrust Enforcement Resources Are Scarce, Michal S. Gal Jan 2010

When The Going Get Tight: Institutional Solutions When Antitrust Enforcement Resources Are Scarce, Michal S. Gal

Loyola University Chicago Law Journal

No abstract provided.


Designing Antitrust Agencies For More Effective Outcomes: What Antitrust Can Learn From Restaurant Guides, D. Daniel Sokol Jan 2010

Designing Antitrust Agencies For More Effective Outcomes: What Antitrust Can Learn From Restaurant Guides, D. Daniel Sokol

Loyola University Chicago Law Journal

No abstract provided.


The Private Antitrust Remedy: Lessons From The American Experience, Edward D. Cavanagh Jan 2010

The Private Antitrust Remedy: Lessons From The American Experience, Edward D. Cavanagh

Loyola University Chicago Law Journal

No abstract provided.


Communication And Concerted Action , William H. Page Jan 2007

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 …


Comments On Professor Page's Discussion Of Matsushita: Plaintiff's Perspective, Michael J. Freed Jan 2007

Comments On Professor Page's Discussion Of Matsushita: Plaintiff's Perspective, Michael J. Freed

Loyola University Chicago Law Journal

No abstract provided.


Comments On Professor Page's Discussion Of Matsushita, T. Mark Mclaughlin Jan 2007

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

Loyola University Chicago Law Journal

No abstract provided.


The "Proper" - And By That I Mean Limited - Role For Economists In Price-Fixing Litigation, David Marx Jr. Jan 2007

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.


Matsushita At Twenty: A Conference Introduction, Spencer Weber Waller Jan 2007

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 Jan 2007

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

Loyola University Chicago Law Journal

No abstract provided.


Behavioral Economists At The Gate: Antitrust In The Twenty-First Century, Maurice E. Stucke Jan 2007

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

Loyola University Chicago Law Journal

No abstract provided.


The Legacy Of Matsushita: The Role Of Economics In Antitrust Litigation, Michael A. Salinger Jan 2007

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 Jan 2007

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

Loyola University Chicago Law Journal

No abstract provided.


Antitrust Governance: The New Wave Of Antitrust, Yane Svetiev Jan 2007

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 …


Commentary On Professor Spencer Weber Waller, Bringing Globalism Home: Lessons From Antitrust And Beyond, W. David Braun Jan 2000

Commentary On Professor Spencer Weber Waller, Bringing Globalism Home: Lessons From Antitrust And Beyond, W. David Braun

Loyola University Chicago Law Journal

No abstract provided.


Professor Waller's Un-American Approach To Antitrust, Robert H. Lande Jan 2000

Professor Waller's Un-American Approach To Antitrust, Robert H. Lande

Loyola University Chicago Law Journal

No abstract provided.


Bringing Globalism Home: Lessons From Antitrust And Beyond, Spencer Weber Waller Jan 2000

Bringing Globalism Home: Lessons From Antitrust And Beyond, Spencer Weber Waller

Loyola University Chicago Law Journal

No abstract provided.


Bridging The "Trade Secret" Gap: Protecting "Confidential Information" Not Rising To The Level Of Trade Secrets, Robert Unikel Jan 1998

Bridging The "Trade Secret" Gap: Protecting "Confidential Information" Not Rising To The Level Of Trade Secrets, Robert Unikel

Loyola University Chicago Law Journal

No abstract provided.


Inverstors, Look Before You Leap: The Suitability Doctrine Is Not Suitable For Otc Derivatives Dealers, Willa E. Gibson Jan 1998

Inverstors, Look Before You Leap: The Suitability Doctrine Is Not Suitable For Otc Derivatives Dealers, Willa E. Gibson

Loyola University Chicago Law Journal

No abstract provided.


Rights And Remedies Of Shareholders In Closely Held Corporations Under Illinois Law, The, William R. Quinlan, John F. Kennedy Jan 1998

Rights And Remedies Of Shareholders In Closely Held Corporations Under Illinois Law, The, William R. Quinlan, John F. Kennedy

Loyola University Chicago Law Journal

No abstract provided.


Should The Illinois Courts Care About Corporate Deadlock, Thomas J. Bamonte Jan 1998

Should The Illinois Courts Care About Corporate Deadlock, Thomas J. Bamonte

Loyola University Chicago Law Journal

No abstract provided.


Regulation Of The Insurance Industry After Hartford Fire Insurance V. California: The Mccarran-Ferguson Act Antitrust Policies, Charles R. Mcguire Jan 1994

Regulation Of The Insurance Industry After Hartford Fire Insurance V. California: The Mccarran-Ferguson Act Antitrust Policies, Charles R. Mcguire

Loyola University Chicago Law Journal

No abstract provided.


Vertical Maximum Price Fixing: In Defense Of Albrecht, Mark E. Roszkowski Jan 1992

Vertical Maximum Price Fixing: In Defense Of Albrecht, Mark E. Roszkowski

Loyola University Chicago Law Journal

No abstract provided.


Antitrust Challenges To Nonprofit Hospital Mergers Under Section 7 Of The Clayton Act, Paul A. Jorissen Jan 1990

Antitrust Challenges To Nonprofit Hospital Mergers Under Section 7 Of The Clayton Act, Paul A. Jorissen

Loyola University Chicago Law Journal

No abstract provided.


Dual Trading In The Commodity Futures Markets: Should It Be Banned?, Craig S. Donohue Jan 1989

Dual Trading In The Commodity Futures Markets: Should It Be Banned?, Craig S. Donohue

Loyola University Chicago Law Journal

No abstract provided.