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Full-Text Articles in Law
The Enduring Promise Of Antitrust, Philip J. Weiser
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
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
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
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
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
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
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
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
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
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
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
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.
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Dual Trading In The Commodity Futures Markets: Should It Be Banned?, Craig S. Donohue
Loyola University Chicago Law Journal
No abstract provided.