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Antitrust Violations As Private Enforcement, Abby L. Timmons
Antitrust Violations As Private Enforcement, Abby L. Timmons
Notre Dame Law Review Reflection
On the whole, the dismantling of monopolies relies heavily on public enforcement. While the opportunity for private enforcement exists in the antitrust context, it is limited, as not all so-called "monopolies" commit antitrust violations. For example, where barriers to entry in a particular industry are high—such as in the case of phone carriers or airlines, both of which must build an infrastructure to support their business—sufficient competition may not exist to create options for the consumer. In situations like these, the federal government generally must step in to break up the monopoly. However, this interference happens infrequently, and these efforts …
Lane Violation: Why The Ncaa's Amateurism Rules Have Overstepped Antitrust Protection & How To Correct, Alexander Knuth
Lane Violation: Why The Ncaa's Amateurism Rules Have Overstepped Antitrust Protection & How To Correct, Alexander Knuth
Notre Dame Law Review Reflection
The NCAA is in the midst of an era that will define the future of collegiate athletics and determine how young people participate in sports for the foreseeable future. This Essay ultimately concludes that both the NCAA and its athletes would benefit from a system that allows for the exploitation of athletes' name, image, or likeness (NIL) rights while preserving the core educational and nonprofessional nature of college sports as a product. Currently the NCAA requires its athletes to maintain a very broadly defined amateur status to remain eligible for competition. The current amateurism definition states that athletes must forego …