Law Commons^™

The Battle With Big Tech: Analyzing Antitrust Enforcement And Proposed Reforms, Youngjae Lee, Morgan Hagenbuch

Fordham Journal of Corporate & Financial Law

No abstract provided.

Governing Fintech 4.0: Bigtech, Platform Finance, And Sustainable Development, Douglas Arner, Ross Buckley, Kuzi Charamba, Artem Sergeev, Dirk Zetzsche

Fordham Journal of Corporate & Financial Law

Over the past 150 years, finance has evolved into one of the world’s most globalized, digitized, and regulated industries. Digitalization has transformed finance, but also enabled new entrants over the past decade in the form of technology companies, especially FinTechs and BigTechs. As a highly digitalized industry, incumbents and new entrants alike are increasingly pursuing similar approaches and models, focusing on the economies of scope and scale typical of finance and the network effects typical of data. Predictably, this has resulted in the emergence of large digital finance platforms. We argue that the combination of digitalization, new entrants (especially BigTechs), …

Output Effect Of Private Antitrust Enforcement, Sinchit Lai

Fordham Journal of Corporate & Financial Law

A growing body of literature evaluates the impact of antitrust laws on economic growth. Most of these empirical studies identify a positive impact; however, the existing literature only studies the effect of the existence of antitrust laws, but not their enforcement. To fill this gap in the literature, this Article uses private antitrust case filing numbers to examine the growth effect. Employing U.S. data and, after addressing endogeneity, using a two-stage least squares (2SLS) regression analysis, I identify a negative and robust association between private enforcement and output on a national level in the short run over the period from …

The New Road To Serfdom: The Curse Of Bigness And The Failure Of Antitrust, Carl T. Bogus

University of Michigan Journal of Law Reform

This Article argues for a paradigm shift in modern antitrust policy. Rather than being concerned exclusively with consumer welfare, antitrust law should also be concerned with consolidated corporate power. Regulators and courts should consider the social and political, as well as the economic, consequences of corporate mergers. The vision that antitrust must be a key tool for limiting consolidated corporate power has a venerable legacy, extending back to the origins of antitrust law in early seventeenth century England, running throughout American history, and influencing the enactment of U.S. antitrust laws. However, the Chicago School’s view that antitrust law should be …

In The Wake Of Empagran – Lights Out On Foreign Activity Falling Under Sherman Act Jurisdiction? Courts Carve Out A Prevailing Standard, Kelly L. Tucker

Fordham Journal of Corporate & Financial Law

No abstract provided.

The Antitrust Aspects Of Bank Mergers - Panel Discussion I: Development Of Bank Merger Law, Carl Felsenfeld, Douglas Broder, Bert Foer, Dr. Anne Gron

Fordham Journal of Corporate & Financial Law

No abstract provided.

Perceptions Of The Future Of Bank Merger Antitrust: Local Areas Will Remain Relevant Markets, Gregory J. Werden

Fordham Journal of Corporate & Financial Law

No abstract provided.

Bank Merger Reform Takes An Extended Philadelphia National Bank Holiday, Edward Pekarek, Michela Huth

Fordham Journal of Corporate & Financial Law

No abstract provided.

The Antitrust Aspects Of Bank Mergers, Editors' Forward

Fordham Journal of Corporate & Financial Law

No abstract provided.

Developing An Antitrust Injury Requirement For Injunctive Relief That Reflects The Probability Of Anticompetitive Harm, Yavar Bathaee

Fordham Journal of Corporate & Financial Law

No abstract provided.

The Antitrust Aspects Of Bank Mergers - Introduction, Carl Felsenfeld

Fordham Journal of Corporate & Financial Law

No abstract provided.

The Antitrust Aspects Of Bank Mergers - Panel Discussion Ii: Consumer Issues, Carl Felsenfeld, Duncan Macdonald, Jeffrey Shinder, Robert Manning

Fordham Journal of Corporate & Financial Law

No abstract provided.

Strategic Planning For Financial Institutions In A New Legal And Economic Environment, Carl Felsenfeld, William T. Lifland, Ernest T. Patrikis, Frank Scifo, William J. Sweet Jr.

Fordham Journal of Corporate & Financial Law

No abstract provided.

Leach Keynote Address, James A. Leach

Fordham Journal of Corporate & Financial Law

No abstract provided.

Competition And Antitrust Law In Central Europe: Poland, The Czech Republic, Slovakia, And Hungary, Carolyn Brezezinski

Michigan Journal of International Law

First, this article briefly introduces the antimonopoly laws and competition authorities created in the four post-communist Central European countries of Poland, the Czech Republic, Slovakia, and Hungary. Second, this article outlines the obligations and harmonization programs of the competition authorities under the Europe Agreements recently signed by each country. Third, this article assesses the role and importance of the antimonopoly laws and competition authorities in the post-socialist economic reforms currently underway. Fourth, this article describes proposals to amend the antimonopoly laws based on the initial period of their implementation. Finally, this article attempts to assess the post-reform role of both …

Guidelines For Mergers And Acquisitions In France, David J. Berger

Northwestern Journal of International Law & Business

Recent developments in France, including the opening of French markets and the privatization of many of the companies nationalized in the early 1980s, have made France one of the leading countries for investment by American companies seeking to enter Europe prior to the unified European market in 1992. France's liberalization of foreign investment rules, as well as its lifting of foreign exchange controls, have further helped make French companies among the most attractive for both American and European investors.

Recent Decisions, Lucy C. Gratz, Laurel C. Williams

Vanderbilt Journal of Transnational Law

Arbitration--Transnational Antitrust Claims are Nonarbitrable under the Federal Arbitration Act and Article II (1) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards--Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 723 F.2d 155 (1st Cir.1983), cert. granted, 105 S. Ct. 291 (1984).

Comment

The instant decision marks the first time a court has considered whether to apply the United States domestic policy of preserving antitrust issues for judicial determination to an international contract containing a mandatory arbitration clause. The First Circuit's decision to apply domestic policy undermines the preeminent goal of the Convention, which is to encourage arbitration …

Recent Decisions, Lucy C. Gratz, Laurel C. Williams

Vanderbilt Journal of Transnational Law

Arbitration Transnational Antitrust Claims are Nonarbitrable under the Federal Arbitration Act and Article II (1) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards--Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 723 F.2d 155 (1st Cir.1983), cert. granted, 105 S. Ct. 291 (1984).

Lucy C. Gratz

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International Banking--The International Banking Act of 1978 Limits the States' Ability to Regulate Foreign Bank Entry, "Conference of State Bank Supervisors v. Conover," 715 F.2d 604 (D.C. Cir. 1983), cert. denied, 104 S. Ct. 1708 (1984).

Laurel Comstock Williams

Exports, Banking And Antitrust: The Export Trading Company Act - A Modest Tool For Export Promotion, George E. Garvey

Northwestern Journal of International Law & Business

There is an almost universally held perceptoin that expanded export trade is essential to a robust United States economy. President Carter, for example, stated in a report to Congress that export expansion is critical to the health of our economy. Huge balance of payments deficits in recent years, the increasingly successfuly and visible penetration of United States markets by foreign producers, and substantial unemployment in basic industry have all fuedl this concern. These conditions have led naturally to a two-pronged response by the public and members of Congress: first, the call for greater protection against foreign competition; and second, a …

Bank Mergers: Agency Review And The Changing Line Of Commerce, Tommy Leung

Fordham Urban Law Journal

Conflicting criteria put forth by Congress and the Justice Department have caused confusion among the bank regulatory agencies and within the banking idustry with respect to two important issues: (1) whether the antitrust laws should be applied to bank mergers within the vacuum of Justice Department analysis or whether there should be a greater emphasis on agency participation in reviewing proposed mergers, and (2) whether commercial banking should continue as the relevant line of commerce when antitrust standards are applied.

Extraterritorial Impact Of The United States Antitrust And Commercial Bribery Considerations, James G. Park

Penn State International Law Review

Historically, the United States has sought to impose its moralistic values extraterritorially. Our antitrust laws and the Foreign Corrupt Practices Act are two well-known examples. Thus, in making the determination to engage in investment in the United States, a foreign entity must consider not only the more publicized restrictions of the Sherman Act and the Clayton Act on its activity within the borders of this country, but also be concerned with the extraterritorial impact of the United States' antitrust laws and the extent to which the decision to invest in the United States may create exposire under United States antitrust …

Antitrust Consideration In Making Investment In The United States, Thomas L. Vankirk

Penn State International Law Review

The antitrust laws of the United States have taken on an increasingly significant role with regard to acquisitions and investments generally, and must be taken into consideration by a foreign investor interested in making foreign investments in the United States. Where the requisite contracts exist to establish subject matter jurisdiction, the antitrust laws of the United States will be applied to all proscribed acts regardless of the nationality of the participants. It is clear that most foreign investment in the United States constitutes the requisite minimum contacts required for jurisdiction.

There are two primary antitrust areas which should be addressed …

Government Regulation Of Bank Mergers: The Revolving Door OfPhiladelphia Bank, Alexander E. Bennett

Michigan Law Review

On November 15, 1960, the second and third largest Philadelphia banks, the Philadelphia National Bank-its assets 1.09 billion dollars, its deposits 603 million dollars-and the Girard Trust Com Exchange Bank-its assets 757 million dollars, its deposits 560 million dollars-applied to the Comptroller of the Currency for approval to merge. The application stated the intention of the Philadelphia National (PNB) to acquire the Girard, including all its assets, deposits, capital, and retained earnings, thereupon to disgorge stock in a resulting bank to Girard shareholders at a ratio of 1.2875 to 1. Both Girard and PNB had a history of merger and …