Law Commons^™

The Preemption Of Collective State Antitrust Enforcement In Telecommunications, Jacob P. Grosso

University of Richmond Law Review

The dichotomy between the levels of government provided murky guidance to telecommunications firms on what behavior is anticompetitive and what decisions firms will have to spend years defending. Despite T-Mobile and Sprint agreeing to sell off several subsidiaries, helping to create a new competitor, and surviving a gamut of regulatory reviews, these companies still could not merge. At this point, preventing the deal would cause irreversible harm to the merging parties.

The conflicts that arose in the T-Mobile-Sprint merger could have been solved through the preemption of collective state antitrust enforcement in the telecommunications market, which would balance the twin …

What's Driving Acquisitions? An In-Depth Analysis Of Ceo Drivers Determining Modern Form Acquisition Strategy, Jennifer E. Wuebker

University of Richmond Law Review

Part I provides an overview of the acquisition landscape, including

a brief history of the prevalence and success of acquisitions

as well as an analysis of acquisitions today. Part II outlines

the acquisition process and highlights the importance and dynamics

of decision making, both in principle and in practice. Part

III explores two theories of acquisitive strategy driving CEO decision

making: value enhancement and private interest. Part IV

analyzes the implications of CEO personality and psychological

drivers on acquisition strategy and decision making. This article

argues that CEO traits are central decision drivers, but that no

particular set of traits …

Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore, Ellen S. Moore

University of Richmond Law Review

No abstract provided.

When Good Mergers Go Bad: Controlling Corporate Managers Who Suffer A Change Of Heart, Celia R. Taylor

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore, Beth G. Hungate-Noland

University of Richmond Law Review

This year witnessed the advance of a wide variety of antitrust and trade regulation theories, most of which met with little success. Of the antitrust cases, Continental Airlines waged a successful battle to eliminate carry-on baggage restrictions at Dulles Airport. Additionally, Maryland's price-setting scheme for liquor was not accorded state action immunity. On the other side of the ledger, another antitrust litigant failed to overcome the requirement that efforts to petition the government must be objectively baseless in order to meet the sham exception to the Noerr-Pennington doctrine. Difficulties in proving an antitrust injury and the intent element of a …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore

University of Richmond Law Review

During the past year, this country has devoted much attention, with good reason, to the Microsoft trial and appeal. Not since the breakup of Ma Bell's stronghold on the telecommunications industry in the early 1980s has a single legal battle posed so significant a change for both an industry and its consumers. In fact, given the far-reaching effects of this decision on other related industries and consumers, it likely will be years before its ultimate impact can be assessed.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski, James R. Creekmore

University of Richmond Law Review

During the past year, the United States Supreme Court, in two decisions of significance, refused to summarily censure conduct having legitimate, procompetitive benefits. In similar fashion, the United States Court ofAppeals for the Fourth Circuit continued to scrutinize antitrust claims, rejecting those failing to measure up to pleading and proof requirements, while also reaffirming the vitality of the state action immunity doctrine as a bar to those that did. Meanwhile, Virginia's federal district courts grappled with time worn conspiracy challenges to medical staff privileging decisions, while simultaneously forging new ground in one of the first cases to consider market definition …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore

University of Richmond Law Review

The antitrust laws are a minefield for the uninitiated. Indicative of this reality is the fact that there were no successful civil lawsuits alleging a violation of the antitrust laws brought in Virginia over the past year. A number of conspiracy, monopolization and price discrimination cases were attempted, but they all failed for a variety of reasons outlined in greater detail below. In contrast to the national trend, no antitrust cases with regard to health care were decided in Virginia during the past year. The absence of such cases represents a dramatic change from previous experience, which perhaps reflects the …

Annual Survey Of Virginia Law: Antitrust And Trade Regulation Law, Michael F. Urbanski, Francis H. Casola, James R. Creekmore

University of Richmond Law Review

Consistent with the recent national trend, antitrust claims in Virginia met with little success in Virginia's courts over the past two years. Not only have the number of antitrust complaints dwindled, but those that are filed are routinely dismissed on the pleadings or by means of summary judgment after discovery. Recent antitrust conspiracy actions have failed for a variety of fundamental reasons, including a lack of standing to bring the action and a lack of a multiplicity of actors capable of engaging in a conspiracy. On the whole, monopolization claims fared no better, and have been dismissed largely because of …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski, Francis H. Casola

University of Richmond Law Review

Group boycott and antitrust conspiracy claims met with little success in Virginia this year. Both federal and state courts are increasingly wary of allowing cases to proceed where the essential elements of antitrust claims are not established or where no impact on competition is proven. Moreover, procedural and evidentiary difficulties have plagued antitrust plaintiffs this year. In short, the cases reflect judicial analysis that is both sophisticated and resistant to allowing meritless antitrust claims to get to a jury.

Rico And The "Operation Or Management" Test: The Potential Chilling Effect On Criminal Prosecutions, Ira H. Raphaelson, Michelle D. Bernard

University of Richmond Law Review

For more than two decades, prosecutors, plaintiffs' lawyers, the civil and criminal defense bar, and the dourts have struggled with the coverage of the Racketeer Influenced Corrupt Organizations Act ("RICO" or the "Act"). The Supreme Court has interpreted the Act many times in both criminal and civil cases. For the most part, the high Court has applied the mandatory "liberal" interpretation language of the law to expand the scope of the statute in criminal cases. However, in the civil cases considered, the Supreme Court has generally restricted the scope of the Act.

Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski, Francis H. Casola

University of Richmond Law Review

Once again this past year, the Fourth Circuit and the federal courts in Virginia proved inhospitable to antitrust plaintiffs. Plaintiffs consistently lost on summary judgment and only one plaintiff survived a motion to dismiss. The only major development in the law in the Fourth Circuit came from the Western District of Virginia where Judge James C. Turk refused to recognize the theory of monopoly leveraging under Section 2 of the Sherman Act.

Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski, Francis H. Casola

University of Richmond Law Review

During the past year, Virginia's federal courts published surprisingly few antitrust opinions. These few opinions indicate fact-specific analysis and little significant development to the law. However, the decisions reflect the continued difficulties faced by private antitrust plaintiffs alleging conspiracy claims and criminal antitrust defendants prosecuted for conduct which is illegal per se. Antitrust plaintiffs, however, have enjoyed measured, if only temporary, success. For example, the United States Court of Appeals for the Fourth Circuit reversed a grant of summary judgment against a durable medical equipment company alleging monopolization claims against a hospital and its affiliated medical equipment company. In another …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski

University of Richmond Law Review

Continuing in a groove well worn by decisions rendered over the last several years, Virginia's federal courts have, over the past year, continued to demonstrate a measure of hostility toward antitrust conspiracy claims by regularly disposing of fully-discovered conspiracy claims through summary adjudication. Plaintiffs' conspiracy claims in the health care context have fared especially poorly.

Awarding Punitive Damages In Securities Industry Arbitration: Working For A Just Result, Anthony Michael Sabino

University of Richmond Law Review

It is often said that the business of America is business, and probably the best exemplifications of that old truism are the nation's stock exchanges. To be sure, not only stock, but bonds, options, commodities, futures, and a whole plethora of instruments are traded daily in exchanges large and small, in a seamless web straddling the country, if not the world.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski

University of Richmond Law Review

Virginia federal courts have shown a reluctance this past year to summarily dismiss plaintiffs' antitrust claims on Rule 12(b)(6) motions where there is no factual record. However, once a sufficient record has been established, the courts have continued their rigorous scrutiny of antitrust claims. While this year's decisions contain few victories for antitrust plaintiffs on the merits, surprisingly, their holdings are mixed and cannot be categorized as decidedly pro-plaintiff or defendant. This past year, the Fourth Circuit has limited plaintiffs' actions by broadening the sweep of the intracorporate conspiracy doctrine established in Copperweld Corp. v. Independence Tube Corp. to include …

Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski

University of Richmond Law Review

In this past year, as in previous years, Virginia courts have imposed strict requirements on plaintiffs bringing antitrust claims. While antitrust claims remain popular, many have foundered because the plaintiff either failed to show the existence of an antitrust conspiracy or antitrust injury, or the plaintiff inadequately defined the market allegedly affected by the antitrust violation. The courts' exacting scrutiny extends beyond the elements of the action itself to procedural rules, evidentiary requirements and remedies. While one Fourth Circuit case suggests a slight relaxation in the analysis of state action immunity, the apparent adoption of the "market screen" analysis in …

The Misappropriation Theory: A Practical Means Of Imposing Rule 10b-5 Liability, Christine Marra

University of Richmond Law Review

The degree of insider trading has intensified in recent years. This intensification is partially due to the current law's failure to provide a clear standard for imposing liability. Rule 10b-5, formulated by the Securities and Exchange Commission (SEC) to implement section 10(b) of the Securities Exchange Act of 1934, does not contain a clear definition of insider trading. The courts have struggled to define the scope of 10b-5; the leading case law demonstrates the difficulty courts have had determining what constitutes insider trading.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Antitrust Law, Michael F. Urbanski

University of Richmond Law Review

Increasingly, the state and federal antitrust laws are being invoked in a wide variety of civil, criminal, commercial and professional disputes. While the availability of treble damages and an award of costs and attorneys' fees to a prevailing plaintiff likely provides the impetus for the assertion of civil antitrust claims, such claims have met with little success in Virginia during 1988 and 1989. Rather, antitrust defendants have substantially prevailed by asserting defenses based on, inter alia, antitrust immunity; the failure to establish the required nexus with interstate commerce; the failure to prove the existence of a conspiracy; the failure to …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.