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Full-Text Articles in Law

Anticompetitive Merger Review, Samuel N. Weinstein Jan 2022

Anticompetitive Merger Review, Samuel N. Weinstein

Georgia Law Review

U.S. antitrust law empowers enforcers to review pending mergers that might undermine competition. But there is growing evidence that the merger-review regime is failing to perform its core procompetitive function. Industry concentration and the power of dominant firms are increasing across key sectors of the economy. In response, progressive advocates of more aggressive antitrust interventions have critiqued the substantive merger-review standard, arguing that it is too friendly to merging firms. This Article traces the problem to a different source: the merger-review process itself. The growing length of reviews, the competitive restrictions merger agreements place on acquisition targets during review, and …


Big Tech In A Small Pond: How The Internet Economy Became So Concentrated And What Sector-Specific Regulation Can Do To Reel It In, Andy Wilson Oct 2021

Big Tech In A Small Pond: How The Internet Economy Became So Concentrated And What Sector-Specific Regulation Can Do To Reel It In, Andy Wilson

Journal of Intellectual Property Law

While the early days of the internet were marked by a proliferation of new internet platforms offering different services, over time much of the sector became dominated by the handful of internet giants we know today. Discomfort with the outsized role that these enormous companies play in the daily lives of billions has driven a growing consensus that they need to be reined in, culminating in federal and state agencies launching a slew of antitrust suits against Google and Facebook in late 2020. These renewed antitrust efforts will likely be insufficient to address competitive harms in the internet economy, given …


Redeeming The Supreme Court: The Structure Behind The Baseball Trilogy And The Scope Of The Baseball Antitrust Exemption, Christian L. Neufeldt Mar 2020

Redeeming The Supreme Court: The Structure Behind The Baseball Trilogy And The Scope Of The Baseball Antitrust Exemption, Christian L. Neufeldt

Journal of Intellectual Property Law

This article conducts a systematic, methodological, and historical analysis of the baseball trilogy to elucidate its underlying structure. It adds to the existing scholarship by analyzing the later decisions in the context of their predecessors and exposing the interplay within the baseball trilogy. As a result, this article argues, against nearly universal opposition, that the Supreme Court issued well-considered opinions in each case and created a logical structure that underlies the entire trilogy. This article then scrutinizes the different approaches taken by the lower courts to delimitate the baseball antitrust exemption. It uses its structural findings on the baseball trilogy …


Gulf Airline Subsidization: Should The European Union And The United States Collaborate To Combat This Alleged Threat?, Savannah H. Moon Jul 2019

Gulf Airline Subsidization: Should The European Union And The United States Collaborate To Combat This Alleged Threat?, Savannah H. Moon

Georgia Journal of International & Comparative Law

No abstract provided.


Trademarks: German Manufacturer’S Deliberate Infringement Of Domestic Trademark Sufficient To Support Injunctive Relief, But Not Supportive Of Award For Damages, Kimley R. Johnson Dec 2016

Trademarks: German Manufacturer’S Deliberate Infringement Of Domestic Trademark Sufficient To Support Injunctive Relief, But Not Supportive Of Award For Damages, Kimley R. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.


Deepwater Port Act Of 1974: Some International And Environmental Implications, James H. Gnann Jr. Dec 2016

Deepwater Port Act Of 1974: Some International And Environmental Implications, James H. Gnann Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


The United States, Developing Countries And The Issue Of Intra-Enterprise Agreements, Joel Davidow Nov 2016

The United States, Developing Countries And The Issue Of Intra-Enterprise Agreements, Joel Davidow

Georgia Journal of International & Comparative Law

Antitrust issues have become one of the main concern of the world economy community and the United Nations. For many years, the United Nations Conference on Trade and Development has multiplied the meetings to discuss the relationship between transnational enterprises and international investment and has engaged in reflections on methods to avoid a decline in international investment. However, these meetings failed to resolve the fundamental issue of the impact of international antitrust principles on restrictive arrangements between a foreign parent corporation and its local subsidiary, particularly where that subsidiary is in a developing country. If applied, multinational enterprises would be …


A Brave Attempt: Can The National Collegiate Athletic Association Sanction Colleges And Universities With Native American Mascots?, Kenneth B. Franklin Oct 2016

A Brave Attempt: Can The National Collegiate Athletic Association Sanction Colleges And Universities With Native American Mascots?, Kenneth B. Franklin

Journal of Intellectual Property Law

No abstract provided.


The Tbt Agreement’S Failure To Solve U.S. - Cool, Elinore R. Carroll Sep 2016

The Tbt Agreement’S Failure To Solve U.S. - Cool, Elinore R. Carroll

Georgia Journal of International & Comparative Law

No abstract provided.


A Priate's Treasure?: Heightened Pleadings Standard For Copyright Infringement Complaints After Bell Atlantic Corp. V. Twombly, Benjamin W. Cheesbro Sep 2016

A Priate's Treasure?: Heightened Pleadings Standard For Copyright Infringement Complaints After Bell Atlantic Corp. V. Twombly, Benjamin W. Cheesbro

Journal of Intellectual Property Law

No abstract provided.


The Trade Act Of 1974: Soviet-American Commercial Relations And The Future, Kenneth Klein Jul 2016

The Trade Act Of 1974: Soviet-American Commercial Relations And The Future, Kenneth Klein

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: International Licensing Agreements. Edited By Gótz M. Pollzien And Eugen Langen. Indianapolis And New York: The Bobbs-Merrill Co., 2d Ed. 1971. Pp. Xlvi, 593. $35.00., William M. Poole Jun 2016

Book Review: International Licensing Agreements. Edited By Gótz M. Pollzien And Eugen Langen. Indianapolis And New York: The Bobbs-Merrill Co., 2d Ed. 1971. Pp. Xlvi, 593. $35.00., William M. Poole

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: Foreign Commerce And The Antitrust Laws. By Wilbur L. Fugate. Boston: Little, Brown & Co., 2d Ed. 1973. Pp Xxv, 491. $35.00., Paul P. Harbrecht Jun 2016

Book Review: Foreign Commerce And The Antitrust Laws. By Wilbur L. Fugate. Boston: Little, Brown & Co., 2d Ed. 1973. Pp Xxv, 491. $35.00., Paul P. Harbrecht

Georgia Journal of International & Comparative Law

No abstract provided.


First Steps In Building An Intellectual Property Program And Portfolio, Jeffrey D. Sullivan Jun 2016

First Steps In Building An Intellectual Property Program And Portfolio, Jeffrey D. Sullivan

Journal of Intellectual Property Law

No abstract provided.


Confusion Codified: Why Trademark Remedies Make No Sense, Mark A. Thurmon Jun 2016

Confusion Codified: Why Trademark Remedies Make No Sense, Mark A. Thurmon

Journal of Intellectual Property Law

No abstract provided.


The Judicial Role In Extraterritorial Application Of The Securities Exchange Act Of 1934: Vesco, William A. Aileo Jun 2016

The Judicial Role In Extraterritorial Application Of The Securities Exchange Act Of 1934: Vesco, William A. Aileo

Georgia Journal of International & Comparative Law

No abstract provided.


Comment: Blocked Assets And Private Claims: The Initial Barriers To Trade Negotiations Between The United States And China, John J. Fitzpatrick Jr., Toby B. Prodgers Jun 2016

Comment: Blocked Assets And Private Claims: The Initial Barriers To Trade Negotiations Between The United States And China, John J. Fitzpatrick Jr., Toby B. Prodgers

Georgia Journal of International & Comparative Law

No abstract provided.


The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Philippe Schreiber Apr 2016

The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Philippe Schreiber

Georgia Journal of International & Comparative Law

No abstract provided.


The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Robert Y. Jennings Apr 2016

The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Robert Y. Jennings

Georgia Journal of International & Comparative Law

No abstract provided.


Network Effects In Technology Markets: Applying The Lessons Of Intel And Microsoft To Future Clashes Between Antitrust And Intellectual Property, John T. Soma, Kevin B. Davis Apr 2016

Network Effects In Technology Markets: Applying The Lessons Of Intel And Microsoft To Future Clashes Between Antitrust And Intellectual Property, John T. Soma, Kevin B. Davis

Journal of Intellectual Property Law

No abstract provided.


Copyright Misuse And The Limits Of The Intellectual Property Monopoly, Aaron Xavier Fellmeth Apr 2016

Copyright Misuse And The Limits Of The Intellectual Property Monopoly, Aaron Xavier Fellmeth

Journal of Intellectual Property Law

No abstract provided.


Recent Developments And Future Prospects Of The Common Market, Michael Waelbroeck Apr 2016

Recent Developments And Future Prospects Of The Common Market, Michael Waelbroeck

Georgia Journal of International & Comparative Law

No abstract provided.


1995 Antitrust Guidelines For The Licensing Of Intellectual Property: Harmonizing The Commercial Use Of Legal Monopolies With The Prohibitions Of Antitrust Law, Thomas L. Hayslett Iii Mar 2016

1995 Antitrust Guidelines For The Licensing Of Intellectual Property: Harmonizing The Commercial Use Of Legal Monopolies With The Prohibitions Of Antitrust Law, Thomas L. Hayslett Iii

Journal of Intellectual Property Law

No abstract provided.


Book Review-Antitrust Guide For International Operations, Joseph P. Griffin Feb 2016

Book Review-Antitrust Guide For International Operations, Joseph P. Griffin

Georgia Journal of International & Comparative Law

No abstract provided.


Constitutional Law, Import-Export Clause: Non-Discriminatory, Fairly Apportioned Excise Tax Applied To Stevedoring Companies Loading And Unloading Goods In Imports And Export Transit Does Not Constitute An Import Or Duty Within The Prohibition Of The Import-Export Clause, Tony G. Mills Oct 2015

Constitutional Law, Import-Export Clause: Non-Discriminatory, Fairly Apportioned Excise Tax Applied To Stevedoring Companies Loading And Unloading Goods In Imports And Export Transit Does Not Constitute An Import Or Duty Within The Prohibition Of The Import-Export Clause, Tony G. Mills

Georgia Journal of International & Comparative Law

No abstract provided.


Solicitation Of Anticompetitive Action From Foreign Governments: Should The Noerr-Pennington Doctrine Apply To Communications With Foreign Sovereigns?, Ronald W. Davis May 2015

Solicitation Of Anticompetitive Action From Foreign Governments: Should The Noerr-Pennington Doctrine Apply To Communications With Foreign Sovereigns?, Ronald W. Davis

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: Basic Community Laws. Eds. Bernard Rudden & Derrick Wyatt. Clarendon Press. Oxford, 1980., Bernhard Schloh Apr 2015

Book Review: Basic Community Laws. Eds. Bernard Rudden & Derrick Wyatt. Clarendon Press. Oxford, 1980., Bernhard Schloh

Georgia Journal of International & Comparative Law

No abstract provided.


National Panasonic (U.K.) Ltd. V. E.C. Commission - Antitrust Investigations In The European Economic Community: Prior Notice And Fundamental Rights, Jacqueline Stein Apr 2015

National Panasonic (U.K.) Ltd. V. E.C. Commission - Antitrust Investigations In The European Economic Community: Prior Notice And Fundamental Rights, Jacqueline Stein

Georgia Journal of International & Comparative Law

No abstract provided.


The Liability Of Foreign Governments Under United States Antitrust Laws, James F. Ponsoldt, Jesse Stone Apr 2015

The Liability Of Foreign Governments Under United States Antitrust Laws, James F. Ponsoldt, Jesse Stone

Georgia Journal of International & Comparative Law

No abstract provided.


International Implications Of The 1982 Merger Guidelines, Vincent Draa Apr 2015

International Implications Of The 1982 Merger Guidelines, Vincent Draa

Georgia Journal of International & Comparative Law

No abstract provided.