Law Commons^™

The Perilous Process Of Protecting Process Patents From Infringing Importations, 14 Loy. L.A. Int'l & Comp. L.J. 207 (1992), Mark E. Wojcik

Mark E. Wojcik

No abstract provided.

Elementos De Derecho Y Regulacion Economica, Críspulo Marmolejo

Críspulo Marmolejo

No abstract provided.

An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez

Miguel Martínez

The purpose of this paper is to analyze the legal framework governing banking foundations as they have been regulated by Spanish Act 26/2013, of December 27th, on savings banks and banking foundations. Title 2 of this regulation addresses a construct that is groundbreaking for the Spanish legal system, still of paramount importance for the entire financial system insofar as these foundations become the leading players behind certain banking institutions given the high interest that foundations hold in the share capital of such institutions.

Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont

Rick Beaumont

No abstract provided.

“What, Never? Well, Hardly Ever”: Strict Antitrust Scrutiny As An Alternative To Per Se Antitrust Illegality, 38 Hastings L.J. 471 (1987), Donald L. Beschle

Donald L. Beschle

No abstract provided.

Doing Well, Doing Good And Doing Both: A Framework For The Analysis Of Noncommercial Boycotts Under The Antitrust Laws, 30 St. Louis U. L.J. 385 (1986), Donald L. Beschle

Donald L. Beschle

No abstract provided.

Harm To Competition And The Competitive Process: A Circular Charade In The Libor Antitrust Litigation, Sharon E. Foster

Sharon E. Foster

No abstract provided.

Congress & Sports Agents: A Legislative History Of The Sports Agent Responsibility And Trust Act, Edmund P. Edmonds, William H. Manz, Thomas J. Kettleson.

Edmund P. Edmonds

No abstract provided.

Baseball And Antitrust: The Legislative History Of The Curt Flood Act Of 1998, Edmund P. Edmonds, William H. Manz.

Edmund P. Edmonds

No abstract provided.

The Equity Beta Of Telcos Operating In Small Island Nations, Bruno E. Viani

Bruno E. Viani

Analysts often use the capital assets pricing model (CAPM) to estimate the cost of equity capital. A key parameter in estimating that cost is the so-called equity beta. Estimates of equity betas for telecommunications firms, or telcos, in small island nations are not readily available, so analysts often rely on estimated equity betas from larger firms in jurisdictions with much larger markets. Doing so may introduce significant errors if the equity risk premium for telcos in large markets differs significantly from those in small markets. In this research note we explore this hypothesis. We find that the equity betas of …

Deactivating Actavis: The Clash Between The Supreme Court And (Some) Lower Courts, Joshua Davis, Ryan Mcewan

Joshua P. Davis

Numerous trial courts have misinterpreted the Supreme Court’s recent decision in FTC v. Actavis, Inc. An interesting question is why they have done so. Perhaps lower courts disagree with the Supreme Court about so-called “reverse payment” cases, the subject of the Actavis opinion. Or perhaps they simply have made random mistakes, as is perhaps inevitable, particularly in a challenging area of the law like antitrust. This Article suggests an alternative account: that lower courts are seeking clear guidance from Actavis, clear guidance that the Supreme Court has not tended to provide in antitrust cases in general and that it did …

Regulating Access To Databases Through Antitrust Law, 2006 Stan. Tech. L. Rev. 7 (2006), Daryl Lim

Daryl Lim

It is largely uncontroversial that the “creative” effort in a database will be protected by copyright. However, any effort to extend protection to purely factual databases creates difficulties in determining the proper method and scope of protection. This Paper argues that antitrust law can be used to supplement intellectual property law in maintaining the “access-incentive” balance with respect to databases. It starts from the premise that a trend toward “TRIPs-plus” rights in databases, whatever its form, is inevitable. The reason is a simple, but compelling one: business needs shape the law. Various means of database access regulation are explored and …

Patent Misuse And Antitrust: Rebirth Or False Dawn?, Daryl Lim

Daryl Lim

This Article examines how two recent cases, F.T.C. v. Actavis and Kimble v. Marvel Enterprises Inc. could affect both the equitable defense of patent misuse and the patent-antitrust interface more generally. It begins by tracing the history of patent misuse and its reformulation into an “antitrust-lite” doctrine by the Federal Circuit. This Article presents new empirical data confirming this reformulation, and unveils the surprising influence of the Seventh Circuit and the Chicago School on that reformulation. The Article then explores Actavis and Kimble. It explains why Actavis will catalyze more antitrust challenges when patent rights are exercised, and why it …

Self-Replicating Technologies And The Challenge For The Patent And Antitrust Laws, 32 Cardozo Arts & Ent. L.J. 131 (2013), Daryl Lim

Daryl Lim

Few patented inventions challenge the traditional boundaries of the patent and antitrust laws like those that are capable of multiplying as they are used. These self-replicating technologies are embedded in our food, fortify our vaccines, and form the computer code upon which the information age is based. These inventions create an inherent conflict between patentees and their customers. The conflict arises because every customer could become competitors as the product replicates, potentially making every first sale the patentee's last. They also challenge how we think about fundamental issues of ownership as well as innovation and market competition, and make it …

Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont

Rick Beaumont

No abstract provided.

Análisis Económico De Las Sanciones Administrativas En El Derecho De La Competencia Y Del Consumo, Camilo Ossa

Camilo Ossa

Encontrará el lector una revisión de un aspecto puntual relacionado con la posibilidad que investigaciones originadas por infracciones al consumidor puedan ser sancionadas vía competencia, con el fin de aprovechar el mayor valor de la sanción, de lo cual se hará una revisión de los aspectos jurídicos que ello implica, además de una propuesta, utilizando herramientas del Análisis Económico del Derecho, que nos puede llevar a convertir una una sanción que se cree “pequeña” en eficiente, siendo óptima para el cumplimiento del fin propuesto en la misma ley. Son dos aspectos puntuales relacionados, primero, con la parte teórica que hay …

Beyond Net Neutrality: International Examples Enabling Innovation And Consumer Choice In The Mobile Internet Ecosystem, Daniel Lyons

Daniel Lyons

The FCC’s new Open Internet rules seek to limit interference by broadband service providers in markets for Internet-based content and applications. But to do so, the rules may significantly reduce the amount of innovation possible in the broadband service market. An aggressive interpretation of the rules suggests that broadband providers are generally required to offer customers access to all lawful Internet traffic, or none at all. This paper explores the way in which this all-or-nothing homogenization of the American broadband product differs from innovative non-net-neutral practices that are taking root in other countries, particularly in mobile markets. Around the world, …

Access To Competition File As A Precondition Of Access To Justice - A Dialectical Approach To Justice And Effective Competition, Emanuela A. Matei

Emanuela A. Matei

This paper comes as a result of a couple of months of research in the field of private enforcement of competition law and after writing a series of articles in e-Competitions under Kluwer Law International dealing with the most recent case law. The occurrence of global cartels is not an unusual state in a globalized world. Despite this reality, the Union law provides quite blunt instruments to deal with the case of civil damages for cartel infringements. The use of the legal dogmatic method should be enhanced to a level of deeper dialectical analysis in order to reveal more aspects …

The Free Movement Of Capital In Europe: Is The European Court Of Justice Living Up To Its Framers' Intent And Setting An Example For The World?, Jarrod Tudor

Jarrod Tudor

The benefits to free movement of international financial flows are numerous but include an efficient asset market and the opportunity for economic growth and development for countries engaged in an agreement allowing for such freedom. The free movement of capital is one of the four pillars of the Treaty on the Function of the European Union (TFEU) along with the free movement of goods, services, and labor. Article 63 of the TFEU prohibits limitations on the free movement of capital while Article 65 of the TFEU allows for some exceptions. Not only does the free movement of capital doctrine suppose …

Discriminatory Internal Taxation In The European Union: The Power Of The European Court Of Justice To Limit The Tax Sovereignty Of Member-States Under Article 110 Of The Tfeu, Jarrod Tudor

Jarrod Tudor

Protectionism can come in a variety of methods including the use of internal taxation policies that discriminate against imports making those imports more expensive on the domestic market and thus favoring domestically-produced goods. Discriminatory taxation policies have been developed by member-states to mask protectionism by distinguishing products based on import status, product similarity, product life cycle, consumption, tax collection practices, transportation charges, and state aid. The Framers of the Treaty on the Functioning of the European Union (TFEU) wrote Article 110 with the objective in mind to prohibit internal taxation policies from discriminating against goods in made in other member-states. …

Recognizing The Limits Of Antitrust: The Roberts Court Versus The Enforcement Agencies, Thomas A. Lambert, Alden F. Abbott

Thomas A. Lambert

As Judge Frank Easterbrook famously explained three decades ago, antitrust is an inherently limited body of law. In crafting and enforcing liability rules to combat market power and encourage competition, courts and regulators may err in two directions: they may wrongly forbid output-enhancing behavior or wrongly fail to condemn output-reducing conduct. The social losses from false convictions and false acquittals, taken together, comprise antitrust’s “error costs.” While it may be possible to reduce error costs by making liability rules more nuanced, added complexity raises the “decision costs” incurred by business planners (ex ante) and adjudicators (ex post …

Federal Antitrust Law : A Treatise On The Antitrust Laws Of The United States, Joseph Bauer, Matthew Bender

Joseph P. Bauer

This master treatise provides a comprehensive analysis of the development and current status of antitrust law, as well as practical guidance for the application of that law. The brevity and generality of the language of relevant acts, combined with the ever-increasing volume of antitrust litigation and varying philosophies of enforcement and interpretation by courts and agencies, makes Federal Antitrust Law indispensable to corporate counsel, government attorneys, and private practitioners specializing in antitrust law. Three volumes focus exclusively on nearly 75 years of Federal Trade Commission work, a subject neglected in other antitrust works. Includes thorough examinations of the FTC Act; …

Letting Dentists Feel The Bite Of Competition, Aaron Edlin

Aaron Edlin

The Supreme Court ruling in North Carolina State Board of Dental Examiners v. Federal Trade Commission ruling will force state licensing boards to be more reasonable in their regulations and to be less cartel-like.

In Defense Of, Or Offensive To Farms? Hog Farming And The Changing American Agricultural Industry, Shi-Ling Hsu

Shi-Ling Hsu

American agriculture is inexorably concentrating into the hands of a small number of large conglomerates. Expanding farms pursuing scale economies would also normally have to abide by a system of environmental and other laws that would, in theory, require farms to account for negative externalities. If those laws were observed and enforced, they would help strike a balance between the greater profitability and the larger externalities of larger farms. But these laws are not widely observed and not rigorously enforced, upsetting this balance and giving large-scale farms a cost advantage while insulating them from corresponding responsibilities.

Perhaps nowhere in agriculture …

The "Uberization" Of Healthcare: The Forthcoming Legal Storm Over Mobile Health Technology's Impact On The Medical Profession, Fazal Khan

Fazal Khan

The nascent field of mobile health technology is still very small but is predicted to grow exponentially as major technology companies such as Apple, Google, Samsung, and even Facebook have announced mobile health initiatives alongside influential healthcare provider networks. Given the highly regulated nature of healthcare, significant legal barriers stand in the way of mobile health’s potential ascension. I contend that the most difficult legal challenges facing this industry will be restrictive professional licensing and scope of practice laws. The primary reason is that mobile health threatens to disrupt historical power dynamics within the healthcare profession that have legally enshrined …

Políticas Públicas De Fomento A La Competencia, Camilo Ossa

Camilo Ossa

In this paper you will find a description related to the constitutional framework that enables the state to intervene in the economy, in order to disaggregate the support on which is built on competition law in Colombia, without neglecting the crucial role economic regulation plays in maintaining the economic and social order, becoming interested more to discover the public policy of the State in this matter, according to the theoretical precepts that teach how the construction and implementation of public policy and the subsequent assessment of the rules of competition law to determine which state, according to the theoretical postulates, …

Capturing The Transplant: U.S. Antitrust Law In The Eu, Silvia Beltrametti

Silvia Beltrametti

The scholarly literature on the movement of legal norms focuses almost exclusively on transfers from one jurisdiction to another. It largely ignores transfers into new regulatory regimes. Drawing on a case study of the transplantation of U.S. antitrust law into the nascent entity that was to become the European Community, and analyzing its evolution from a public choice perspective, this Article suggests that transfers into new regulatory regimes are more likely to be effective when the lack of established institutions creates opportunities for stakeholders. The endorsement of a new law will enable stakeholders to influence its application and to capture …

Worlds Colliding: Competition Policy And Bankruptcy Fire Sales, Max Huffman

Max Huffman

Modern business bankruptcies commonly involve mergers and acquisitions pursued as “fire sales.” The bankruptcy forum and the unique incentives bankruptcy creates allow those acquisitions to take place with reduced constituent involvement and regulatory oversight. Those fire sale transactions may present antitrust concerns where they lead to undue concentration in the relevant marketplace. This paper studies the poorly explored tension between bankruptcy law, which favors mergers and acquisitions as value-maximizing propositions and creates opportunity for fire sales, and antitrust law, which disfavors combinations leading to undue concentrations of economic power. The substantial tension manifests both as a matter of substantive law …

Antitrust And Information Technologies, Herbert Hovenkamp

Herbert Hovenkamp

Technological change strongly affects the use of information to facilitate anticompetitive practices. The effects result mainly from digitization and the many products and processes that it enables. These technologies also account for a significant portion of the difficulties that antitrust law encounters when its addresses intellectual property rights. Changes in the technologies of information also affect the structures of certain products, in the process either increasing or decreasing the potential for competitive harm. For example, digital technology affects the way firms exercise market power, but it also imposes serious measurement difficulties. In purely digital markets intellectual property rights are crucial …

On The Rise Of Shareholder Primacy, Signs Of Its Fall, And The Return Of Managerialism (In The Closet), Lynn Stout

Lynn A. Stout

In their 1932 opus "The Modern Corporation and Public Property," Adolf Berle and Gardiner Means famously documented the evolution of a new economic entity—the public corporation. What made the public corporation “public,” of course, was that it had thousands or even hundreds of thousands of shareholders, none of whom owned more than a small fraction of outstanding shares. As a result, the public firm’s shareholders had little individual incentive to pay close attention to what was going on inside the firm, or even to vote. Dispersed shareholders were rationally apathetic. If they voted at all, they usually voted to approve …