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Articles 1 - 10 of 10
Full-Text Articles in Law
Helping Yourself While Serving Two Masters: Do Specialists Violate Rule 10b-5 When They Interposition?, Roman Asudulayev
Helping Yourself While Serving Two Masters: Do Specialists Violate Rule 10b-5 When They Interposition?, Roman Asudulayev
Fordham Urban Law Journal
The decision of the Second Circuit in United States v. Finnerty (Finnerty III) was the culmination of a number of District Court decisions that found that specialists on the New York Stock Exchange (NYSE) could not be held liable for fraud under Rule 10b-5 for interpositioning, whereby they put themselves between buy and sell limit orders, in violation of NYSE rules, and profited on the spread. Finnerty III and its District Court sibling decisions were wrongly decided. Specialists presented a uniquely thorny issue of agency law to the Federal Courts in New York. This issue was under-analyzed by the Federal …
Quality Collusion: News, If It Ain’T Broke, Why Fix It?, Mark Mcmillan
Quality Collusion: News, If It Ain’T Broke, Why Fix It?, Mark Mcmillan
Fordham Urban Law Journal
No abstract provided.
A Model Of Abstract Cooperation In Games Of Uncertainty, Hillel Bavli
A Model Of Abstract Cooperation In Games Of Uncertainty, Hillel Bavli
Fordham Urban Law Journal
The idea that evolutionary processes natrually propel a state of affairs toward a higher, perhaps more complex or advanced, state of affairs is one that may extend to any context characterized by a dynamic time frame, including ogliopoly moelds of repeated Prisoner's Dilemma. The author argues that, contrary to the popular assertion that coordinated pricing necessarily requires voluntary coordination, oligopoly markets may evolve to a state of cooperation—one of collective profit maximization—absent a conscious state of coordination among the players, or even knowledge of such cooperation. While Professor Donald Turner proposes a theory of cooperation based on forward-looking consideration of …
Challenging The Telco-Cable Cross-Ownership Ban: First Amendment And Antitrust Implications For The Interactive Information Highway, Laura Land Sigal
Challenging The Telco-Cable Cross-Ownership Ban: First Amendment And Antitrust Implications For The Interactive Information Highway, Laura Land Sigal
Fordham Urban Law Journal
This Note explores options available to decisionmakers by analyzing Chesapeake & Potomac Telephone Co. v. United States (C & P), which set an important precedent regarding a telephone company's First Amendment right to provide video programming over its own facilities in its local service area. C & P, a Bell Atlantic Corporation subsidiary providing local telephone service in Northern Virginia, claimed that the cable-telco cross-ownership ban, codified at § 533(b) of the Cable Communications Policy Act of 1984, infringes unconstitutionally upon its First Amendment right to freedom of expression. On November 21, 1994, the Court of Appeals for the Fourth …
Local Government Action And Antitrust Policy: An Economic Analysis, Timothy J. Brennan, Timothy J. Brennan, Timothy J. Brennan, Timothy J. Brennan
Local Government Action And Antitrust Policy: An Economic Analysis, Timothy J. Brennan, Timothy J. Brennan, Timothy J. Brennan, Timothy J. Brennan
Fordham Urban Law Journal
At least partly as a result of the Supreme Court decision in Community Communications Co. v. City of Boulder, cities are facing antitrust challenges to their rights to franchise cable television systems. Other municipal activities have been similarly challenged. The prospect of costly and uncertain antitrust litigation challenging local government actions will restrict the scope and extent of local regulatory activity. Such restrictions could, in turn, preempt city residents' ability to choose, through their elected representatives, the goods and services they prefer. This Article proposes that as a mater of policy the burden of proving a municipal antitrust violation should …
The Effect Of Collective Bargaining On The Baseball Antitrust Exemption, Scott A. Dunn
The Effect Of Collective Bargaining On The Baseball Antitrust Exemption, Scott A. Dunn
Fordham Urban Law Journal
Baseball remains the only professional sport exempt from anti-trust scrutiny. Because of this unique status, baseball players have not pursued anti-trust lines of attack. Some now say that baseball players no longer need to depend on the anti-trust laws to effectuate modifications in their reserve system. Such commentators say that because of the equal bargaining strength of the parties, the labor exemption would operate to shelter from scrutiny even a term that was unilaterally imposed by the owners. In Federal Baseball Club of Baltimore, Inc. v. National League of Professional Baseball Clubs, the Supreme Court held that the baseball industry …
Alternative Approaches To Municipal Antitrust Liability, Martin Cronin
Alternative Approaches To Municipal Antitrust Liability, Martin Cronin
Fordham Urban Law Journal
This Comment argues that preemption analysis, applied when federal statutes conflict with state or municipal enactments, should be used by the courts in applying the Parker doctrine to municipalities. Alternatively, this Comment advocates a qualified municipal exemption from the antitrust laws. Since municipalities receive less federal deference than states, this exemption should not be coextensive with that enjoyed by states under the Parker doctrine. However, the preferential treatment that municipalities receive in our federalist system as compared to private parties mandates formulation of a municipal exemption. Constitutional and practical difficulties encountered under substantive antitrust law, and at the remedies stage, …
Regulatory Approaches To Television Network Control Of The Program Procurement Process: An Historical Perspective, Mario J. Suarez
Regulatory Approaches To Television Network Control Of The Program Procurement Process: An Historical Perspective, Mario J. Suarez
Fordham Urban Law Journal
This article takes a comprehensive look at the television program procurement process and assesses the three major networks' market market power in this area. It examines the previous FCC regulations and Justice Department inquiries addressing the alleged television network monopoly power over television program procurement. Finally, this article assess the benefits and drawbacks of these overlapping areas of regulation and the Justice Department's recent antitrust lawsuit against the television networks.
The Legality Of The Rozelle Rule And Related Practices In The National Football League, Donald Novick
The Legality Of The Rozelle Rule And Related Practices In The National Football League, Donald Novick
Fordham Urban Law Journal
Traditional rules designed to control player movement within the National Football League (NFL) have recently been challenged in two federal district courts. In Kapp v. NFL Judge Sweigert concluded that these rules constitute a violation of the antitrust laws. In Mackey v. NFL Judge Larson held that the Rozelle Rule is in violation of the antitrust laws. A prospective NFL player must sign a contract that contains an option clause which gives the employing team the right to renew a player's contract for one year beyond the time stipulated in the contract, at a compensation rate of 90% of the …
Dealer Location Clauses And The Per Se Rule: From Schwinn To Gte Sylvania, Michael W. Miller
Dealer Location Clauses And The Per Se Rule: From Schwinn To Gte Sylvania, Michael W. Miller
Fordham Urban Law Journal
This note examines vertical restraints on trade, which involves an agreement between firms at "successive stages of the distribution system. It specifically analyzes the effect of vertically imposed dealer-location clauses on competition and consumers and discusses whether such restraints are per se violations under Section 1 of the Sherman Act or whether they require analysis under the rule of reason. The note suggests that an absolute per se rule against all post-sale vertical restraints is overly broad and unjustified and calls for a more result-oriented approach in dealing with less offensive restraints on trade.