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Articles 1 - 25 of 25
Full-Text Articles in Law
Stakeholderism Silo Busting, Aneil Kovvali
Stakeholderism Silo Busting, Aneil Kovvali
Articles by Maurer Faculty
The fields of antitrust, bankruptcy, corporate, and securities law are undergoing tumultuous debates. On one side in each field is the dominant view that each field should focus exclusively on a specific constituency—antitrust on consumers, bankruptcy on creditors, corporate law on shareholders, and securities regulation on financial investors. On the other side is a growing insurgency that seeks to broaden the focus to a larger set of stakeholders, including workers, the environment, and political communities. But these conversations have largely proceeded in parallel, with each debate unfolding within the framework and literature of a single field. Studying these debates together …
Antitrust Class Actions In The Wake Of Procedural Reform, Christine P. Bartholomew
Antitrust Class Actions In The Wake Of Procedural Reform, Christine P. Bartholomew
Indiana Law Journal
What is the current vitality of antitrust enforcement? Antitrust class actions—the primary mode of competition oversight—has weathered two decades of procedural reform. This Article documents the effects of those reforms. Relying on an original dataset of over 1300 antitrust class action settlements, this Article finds such cases alive but far from well. Certain suits do succeed on an impressive scale, returning billions of dollars to victims. But class action reform has made antitrust enforcement narrower, more time-consuming, and costlier than only a decade ago. And, as this Article’s sources reveal, new battle lines are forming. Across the political spectrum, people …
Taming Sherman's Wilderness, Derrian Smith
Taming Sherman's Wilderness, Derrian Smith
Indiana Law Journal
This Note proceeds in four Parts. Part I outlines the interpretive difficulties spawned by the vagueness of the Sherman Act—particularly, the judiciary’s necessary but undeniable departures from the text of the statute and the resulting doctrinal confusion. Part II considers ways in which the judiciary’s decision-making in Sherman Act cases approximates agency rulemaking and whether it makes sense to delegate interpretive authority to an antitrust agency. Yet, while the agency solution has upside, it would not easily escape criticisms that the Act does not provide sufficient notice of the conduct it proscribes and that the Act is an impermissible delegation …
Procompetitive Justifications In Antitrust Law, John M. Newman
Procompetitive Justifications In Antitrust Law, John M. Newman
Indiana Law Journal
The Rule of Reason, which has come to dominate modern antitrust law, allows defendants the opportunity to justify their conduct by demonstrating procompetitive effects. Seizing the opportunity, defendants have begun offering increasingly numerous and creative explanations for their behavior.
But which of these myriad justifications are valid? To leading jurists and scholars, this has remained an “open question,” even an “absolute mystery.” Examination of the relevant case law reveals multiple competing approaches and seemingly irreconcilable opinions. The ongoing lack of clarity in this area is inexcusable: procompetitive-justification analysis is vital to a properly functioning antitrust enterprise.
This Article provides answers …
Gmonopoly: Does Search Bias Warrant Antitrust Or Regulatory Intervention?, Andrew Langford
Gmonopoly: Does Search Bias Warrant Antitrust Or Regulatory Intervention?, Andrew Langford
Indiana Law Journal
No abstract provided.
Antitrust Review Of The At&T/Tmobile Transaction, Allen P. Grunes, Maurice E. Stucke
Antitrust Review Of The At&T/Tmobile Transaction, Allen P. Grunes, Maurice E. Stucke
Federal Communications Law Journal
In August 2011, the United States brought a landmark antitrust lawsuit to prevent the merger of two of the nation's four largest mobile wireless telecommunications services providers, AT&T Inc. and T-Mobile USA, Inc. But why are so many elected officials asking the Obama administration to intercede in the Department of Justice's lawsuit to force a settlement? Why are they approving a merger that would likely lead to higher prices, fewer jobs, less innovation, and higher taxes for their constituents? Does it have anything to do with the money they are receiving from AT&T and T-Mobile? This Article examines the recent …
Essential Facilities And Trinko: Should Antitrust And Regulation Be Combined?, Timothy J. Brennan
Essential Facilities And Trinko: Should Antitrust And Regulation Be Combined?, Timothy J. Brennan
Federal Communications Law Journal
"The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective."' Conference held at the University of Pennsylvania Law School on April 18-19, 2008.
The Supreme Court's 2004 decision in Trinko represented a radical change from prior doctrine ensuring that antitrust laws applied in regulated industries. The change resulted from a failure to appreciate that regulation and antitrust can be complements. Regulation can boost the value of antitrust by creating incentives to refuse to deal in order to reap monopoly profit otherwise proscribed by regulation. Ironically, the essential facilities doctrine rejected by the Trinko court and the Trinko decision …
National Courts, Global Cartels: F. Hoffman-Laroche V. Empagran, S.A., Hannah Buxbaum
National Courts, Global Cartels: F. Hoffman-Laroche V. Empagran, S.A., Hannah Buxbaum
Articles by Maurer Faculty
This comment discusses the Supreme Court's recent decision in Hoffman-LaRoche v. Empagran, an action brought by foreign plaintiffs under U.S. antitrust law to recover damages caused by the activities of a global price-fixing cartel. It describes the jurisdictional issues raised by conduct that affects the global market for a particular good, and analyzes the Court's reliance on notions of comity to restrain the reach of U.S. antitrust law. It argues, however, that the decision does not in fact undermine the anti-comity approach adopted in the 1993 Hartford Fire case, as the Court here assumes that the cartel's effects in the …
Anticompetitive Settlement Of Intellectual Property Disputes, Mark D. Janis, Herbert J. Hovenkamp, Mark A. Lemley
Anticompetitive Settlement Of Intellectual Property Disputes, Mark D. Janis, Herbert J. Hovenkamp, Mark A. Lemley
Articles by Maurer Faculty
No abstract provided.
Transitions In Ip And Antitrust, Mark D. Janis
Transitions In Ip And Antitrust, Mark D. Janis
Articles by Maurer Faculty
No abstract provided.
Joint Statement Of Sumner M. Redstone Chairman And Chief Executive Officer Viacom Inc. And Mel Karmazin President And Chief Executive Officer Of Cbs Corp., Summer M. Redstone, Mel Karmazin
Joint Statement Of Sumner M. Redstone Chairman And Chief Executive Officer Viacom Inc. And Mel Karmazin President And Chief Executive Officer Of Cbs Corp., Summer M. Redstone, Mel Karmazin
Federal Communications Law Journal
No abstract provided.
Copyright And Antitrust: The Effects Of The Digital Performance Rights In Sound Recordings Act Of 1995 In Foreign Markets, Connie C. Davis
Copyright And Antitrust: The Effects Of The Digital Performance Rights In Sound Recordings Act Of 1995 In Foreign Markets, Connie C. Davis
Federal Communications Law Journal
The licensing of copyrighted nondramatic works by performance rights societies has long been recognized as a potential source of antitrust violations. In 1995, the Congress passed the Digital Performance Rights in Sound Recordings Act in an effort to deal with the licensing problems associated with nondramatic musical works. The DPRSRA created a right in sound recordings to perform the copyrighted work publicly by means of a digital audio transmission as well as establishing compulsory licensing scheme. However, the DPRSRA failed to address the problem of licensing of nondramatic works in foreign markets. This Note identifies the anticompetitive licensing scheme practiced …
Uneasy Labeling, Deborah A. Widiss
Antitrust And Communications: Changes After The Telecommunications Act Of 1996, Douglas B. Mcfadden
Antitrust And Communications: Changes After The Telecommunications Act Of 1996, Douglas B. Mcfadden
Federal Communications Law Journal
The 1996 Telecommunications Act is a return to competition in telephony which existed at the beginning of the century. The enactment of the '96 Act will significantly change the application of the antitrust laws to communications activities. Prior to the enactment of the '96 Act, telecommunications companies were somewhat immunized from full application of the antitrust laws regarding mergers and acquisitions because of regulation by the Federal Communications Commission and the state public utility commissions. Now, telephone companies will be fully subject to antitrust scrutiny under three schemes: the Clayton Act, the Hart-Scott- Rodino Act, and the FCC public interest …
Criminal Penalties Under The Sherman Act: A Study Of Law And Economics, Kenneth G. Dau-Schmidt, Joseph Gallo, Charles Parker, Joseph Craycraft
Criminal Penalties Under The Sherman Act: A Study Of Law And Economics, Kenneth G. Dau-Schmidt, Joseph Gallo, Charles Parker, Joseph Craycraft
Articles by Maurer Faculty
This paper presents an empirical analysis of criminal antitrust prosecutions undertaken by the Department of Justice during the period 1955-1993. The authors report data on the number of criminal cases, the type of offense alleged, whether the defendants were individuals or firms, the position individual defendants held in their firm, the Department of Justice's won/lost record and the nature and amount of any sanctions imposed. A brief discussion of whether the reported sanctions have been adequate to promote efficient deterrence is also presented.
A Redrafted Section I Of The Sherman Act, Robert H. Heidt
A Redrafted Section I Of The Sherman Act, Robert H. Heidt
Articles by Maurer Faculty
No abstract provided.
"Don't Talk Of Fairness": The Chicago School's Approach Toward Disciplining Professional Athletes, Robert H. Heidt
"Don't Talk Of Fairness": The Chicago School's Approach Toward Disciplining Professional Athletes, Robert H. Heidt
Indiana Law Journal
SYMPOSIUM: Antitrust Issues In Amateur Sports
Held at Indiana University School of Law - March 1985
Limiting Conglomerate Mergers: The Need For Legislation, Joseph F. Brodley
Limiting Conglomerate Mergers: The Need For Legislation, Joseph F. Brodley
Articles by Maurer Faculty
No abstract provided.
The "Market Necessity" Defense In Antitrust: A New Limit On The Area For Application Of Per Se Rules?, Clement B. Wood
The "Market Necessity" Defense In Antitrust: A New Limit On The Area For Application Of Per Se Rules?, Clement B. Wood
Indiana Law Journal
No abstract provided.
Decision Theory And Antitrust: Quantitative Evaluation For Efficient Enforcement, Ira Horowitz
Decision Theory And Antitrust: Quantitative Evaluation For Efficient Enforcement, Ira Horowitz
Indiana Law Journal
No abstract provided.
The Possibilities And Limits Of Decision Theory In Antitrust: A Response To Professor Horowitz, Joseph F. Brodley
The Possibilities And Limits Of Decision Theory In Antitrust: A Response To Professor Horowitz, Joseph F. Brodley
Indiana Law Journal
No abstract provided.
Potential Competition Mergers: A Structural Synthesis, Joseph F. Brodley
Potential Competition Mergers: A Structural Synthesis, Joseph F. Brodley
Articles by Maurer Faculty
No abstract provided.
Horizontal And Vertical Restraints Of Trade: The Legality Of Motion Picture Splits Under The Antitrust Laws, James S. Gordon
Horizontal And Vertical Restraints Of Trade: The Legality Of Motion Picture Splits Under The Antitrust Laws, James S. Gordon
Articles by Maurer Faculty
No abstract provided.
An Experiment In Preventive Anti-Trust: Judicial Regulation Of The Motion Picture Exhibition Market Under The Paramount Decrees, James S. Gordon
An Experiment In Preventive Anti-Trust: Judicial Regulation Of The Motion Picture Exhibition Market Under The Paramount Decrees, James S. Gordon
Articles by Maurer Faculty
No abstract provided.
Dissolution, Divorcement, Divestiture: The Pyrrhic Victories Of Antitrust, Walter Adams
Dissolution, Divorcement, Divestiture: The Pyrrhic Victories Of Antitrust, Walter Adams
Indiana Law Journal
No abstract provided.