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Antitrust

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Articles 91 - 120 of 145

Full-Text Articles in Law

Antitrust And Inefficient Joint Ventures: Why Sports Leagues Should Look More Like Mcdonald's And Less Like The United Nations, Stephen F. Ross, Stefan Szymanski Jan 2006

Antitrust And Inefficient Joint Ventures: Why Sports Leagues Should Look More Like Mcdonald's And Less Like The United Nations, Stephen F. Ross, Stefan Szymanski

Marquette Sports Law Review

No abstract provided.


Panel I: Do Overly Broad Patents Lead To Restrictions On Innovation And Competition?, Matthew Bye, Mary Critharis, David Balto, Herbert Schwartz Jun 2005

Panel I: Do Overly Broad Patents Lead To Restrictions On Innovation And Competition?, Matthew Bye, Mary Critharis, David Balto, Herbert Schwartz

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel I: Do Overly Broad Patents Lead To Restrictions On Innovation And Competition?, Matthew Bye, Mary Critharis, David Balto, Herbert Schwartz Jun 2005

Panel I: Do Overly Broad Patents Lead To Restrictions On Innovation And Competition?, Matthew Bye, Mary Critharis, David Balto, Herbert Schwartz

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The "Blind Look" Rule Of Reason: Federal Courts' Peculiar Treatment Of Ncaa Amateurism Rules, Tibor Nagy Jan 2005

The "Blind Look" Rule Of Reason: Federal Courts' Peculiar Treatment Of Ncaa Amateurism Rules, Tibor Nagy

Marquette Sports Law Review

No abstract provided.


The Empire Strikes Back: Nfl Cuts Clarett, Sacks Scheindlin, Adam Epstein Dec 2004

The Empire Strikes Back: Nfl Cuts Clarett, Sacks Scheindlin, Adam Epstein

Adam Epstein

The article explores and the litigation history involving former Ohio State University running back Maurice Clarett and his challenge the the NFL draft-eligibility rule. Though Clarett was successful at the U.S. District Court level, the Second Circuit Court of Appeals ruled differently, thereby preventing Clarett from being eligible for the 2004 NFL draft. Though he was drafted the next year (2005), an exploration of the differences between the trial court (Hon. Schendlin) and the appellate court (J. Sotomayor) opinions is quite interesting and relevant in the context of both antitrust and labor law, particularly the mandatory subjects of a collective …


Designing Sports Leagues As Efficient Monopolists Rather Than Inefficient Cartels, Stephen F. Ross, Stefan Szymanski Mar 2004

Designing Sports Leagues As Efficient Monopolists Rather Than Inefficient Cartels, Stephen F. Ross, Stefan Szymanski

ExpressO

An inherent conflict exists when clubs participating in a sports league control the way in which the competition is organized. This conflict leads to fewer franchises that may not be in the best locations, fewer broadcast rights sold with too many “black-outs,” inefficient marketing of merchandise and sponsorships, ineffective supervision of club management, labor market restrictions that do not enhance consumer appeal in the sport, and insufficient international competition. We suggest that sports leagues would be more profitable and fans’ welfare improved if sports leagues looked more like McDonald’s and less like the United Nations, by restructuring the leagues to …


Antitrust In Amateur Athletics: Fourth And Long: Why Non-Bcs Universies Should Punt Rather Than Go For An Antitrust Challenge To The Bowl Championship Series, Jodi M. Warmbrod Jan 2004

Antitrust In Amateur Athletics: Fourth And Long: Why Non-Bcs Universies Should Punt Rather Than Go For An Antitrust Challenge To The Bowl Championship Series, Jodi M. Warmbrod

Oklahoma Law Review

No abstract provided.


Facility Issues In Major League Soccer: What Do Soccer Stadiums Have To Do With Antitrust Liability?, Thomas D. Stuck Jan 2004

Facility Issues In Major League Soccer: What Do Soccer Stadiums Have To Do With Antitrust Liability?, Thomas D. Stuck

Marquette Sports Law Review

No abstract provided.


Pay Or Play? The Jeremy Bloom Decision And Ncaa Amateurism Rules, Laura Freedman Dec 2003

Pay Or Play? The Jeremy Bloom Decision And Ncaa Amateurism Rules, Laura Freedman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Internet Killed The Video Star: How In-House Internet Distribution Will Affect Profit Participants , Konrad Gatien Mar 2003

Internet Killed The Video Star: How In-House Internet Distribution Will Affect Profit Participants , Konrad Gatien

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Weakening Its Own Defense? The Ncaa's Version Of Amateurism, Kristen R. Muenzen Jan 2003

Weakening Its Own Defense? The Ncaa's Version Of Amateurism, Kristen R. Muenzen

Marquette Sports Law Review

No abstract provided.


Reevaluating Amateurism Standards In Men's College Basketball, Marc Edelman Jun 2002

Reevaluating Amateurism Standards In Men's College Basketball, Marc Edelman

University of Michigan Journal of Law Reform

This Note argues that courts should interpret NCAA conduct under the Principle of Amateurism as a violation of§ 1 of the Sherman Antitrust Act and that courts should order NCAA deregulation of student-athletes' indirect financial activities. Part I of this Note discusses the history of NCAA regulation, specifically its Principle of Amateurism. Part II discusses the current impact of antitrust laws on the NCAA. Part III argues that the NCAA violates antitrust laws because the Principle of Amateurism's overall effect is anticompetitive. Part IV argues the NCAA could institute an amateurism standard with a net pro-competitive effect by allowing student-athletes …


Restructuring Professional Sports Leagues , Martin Edel, Jamin Dershowitz, Jeffrey Kessler, Tandy O'Donoghue Mar 2002

Restructuring Professional Sports Leagues , Martin Edel, Jamin Dershowitz, Jeffrey Kessler, Tandy O'Donoghue

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Start-Up Sports Leagues: Why These Leagues Are Entitled To Use The Ruinous Competition Defense To Justify Anticompetitive Restraints, Marc P. Schwartz* Mar 2002

Start-Up Sports Leagues: Why These Leagues Are Entitled To Use The Ruinous Competition Defense To Justify Anticompetitive Restraints, Marc P. Schwartz*

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Antitrust Options To Redress Anticompetitive Restraints And Monopolistic Practices By Professional Sports Leagues, Stephen F. Ross Jan 2002

Antitrust Options To Redress Anticompetitive Restraints And Monopolistic Practices By Professional Sports Leagues, Stephen F. Ross

Journal Articles

The hallmark of an antitrust violation is an agreement which has the effect of raising price, lowering output, or rendering output unresponsive to consumer demand. Owners of clubs comprising Major League Baseball, the National Football League, the National Basketball Association, and the National Hockey League engage in a variety of exploitative activities that consumers cannot avoid by substituting rival products. The purpose of this Article is to analyze specific areas where these monopoly sports leagues harm a variety of groups, through the maintenance of a monopolistic structure that precludes competitive entry, or through specific restraints that have demonstrable anticompetitive effects. …


The Recording Industry, Minimum Advertised Pricing Policies And Non-Price Vertical Restraints Of Trade, M. Courtney Mccormick Jan 2002

The Recording Industry, Minimum Advertised Pricing Policies And Non-Price Vertical Restraints Of Trade, M. Courtney Mccormick

Vanderbilt Journal of Entertainment & Technology Law

This Note argues that the recording industry's cooperative advertising programs do not run afoul of federal antitrust laws and, in fact, promote interbrand competition. It examines the implications of the cooperative advertising programs adopted by record companies in light of current federal antitrust law. Contrary to claims made by the FTC, the recording industry's actions can withstand antitrust scrutiny because Minimum Advertised Pricing ("MAP") policies serve pro-competitive business purposes. As will be discussed in further detail below, the recording industry has a legitimate interest in pursuing policies that help traditional music retailers stay in business in the face of crippling …


Heading Down The Wrong Road?: Why Deregulating Amateurism May Cause Future Legal Problems For The Ncaa, Benjamin A. Menzel Jan 2002

Heading Down The Wrong Road?: Why Deregulating Amateurism May Cause Future Legal Problems For The Ncaa, Benjamin A. Menzel

Marquette Sports Law Review

No abstract provided.


Shaking Up The Line-Up: Generating Principles For An Electrifying Economic Structure For Major League Baseball, Jason B. Myers Jan 2002

Shaking Up The Line-Up: Generating Principles For An Electrifying Economic Structure For Major League Baseball, Jason B. Myers

Marquette Sports Law Review

No abstract provided.


Applying A Legal Matrix To The World Of Sports, Elsa Kircher Cole May 2001

Applying A Legal Matrix To The World Of Sports, Elsa Kircher Cole

Michigan Law Review

The intensity of fans' love for sports is no modern phenomenon. In ancient Rome, fierce rivalries existed between fans of the Red, Green, Blue, and White factions in chariot racing. Even emperors had their favorites. A foul in a race by a member of one faction could spark a riot in the stands. Winning charioteers would have their busts displayed in public places and were paid salaries far beyond that of the average citizen. Juvenal complained in his Satires that a chariot driver might earn 100 times more than a lawyer! The best drivers even achieved free agency and could …


Forming A Single Entity: A Recipe For Success For New Professional Sports Leagues, Karen Jordan Jan 2001

Forming A Single Entity: A Recipe For Success For New Professional Sports Leagues, Karen Jordan

Vanderbilt Journal of Entertainment & Technology Law

This Note begins by introducing some of the more recently founded professional sports leagues, identifying their background and single-entity structures. It then provides a general background of antitrust issues in sports, followed by explanations of the possible defenses, including the single-entity structure. Next, it discusses Fraser as a potential landmark case for professional sports leagues, showing how its lessons contribute to the current mode of antitrust analysis. Finally, this Note illustrates why single-entity structuring may be essential for leagues in their infancy, but of little use to well-established professional sports leagues.


Fraser V. Mls, L.L.C.: Is There A Sham Exception To The Copperweld Single Entity Immunity?, Michael P. Waxman Jan 2001

Fraser V. Mls, L.L.C.: Is There A Sham Exception To The Copperweld Single Entity Immunity?, Michael P. Waxman

Marquette Sports Law Review

No abstract provided.


Copyright And Antitrust: The Effects Of The Digital Performance Rights In Sound Recordings Act Of 1995 In Foreign Markets, Connie C. Davis Mar 2000

Copyright And Antitrust: The Effects Of The Digital Performance Rights In Sound Recordings Act Of 1995 In Foreign Markets, Connie C. Davis

Federal Communications Law Journal

The licensing of copyrighted nondramatic works by performance rights societies has long been recognized as a potential source of antitrust violations. In 1995, the Congress passed the Digital Performance Rights in Sound Recordings Act in an effort to deal with the licensing problems associated with nondramatic musical works. The DPRSRA created a right in sound recordings to perform the copyrighted work publicly by means of a digital audio transmission as well as establishing compulsory licensing scheme. However, the DPRSRA failed to address the problem of licensing of nondramatic works in foreign markets. This Note identifies the anticompetitive licensing scheme practiced …


The Economics Of Sports Leagues And The Relocation Of Teams: The Case Of The St. Louis Rams, Franklin M. Fisher, Christopher Maxwell, Evan Sue Schouten Jan 2000

The Economics Of Sports Leagues And The Relocation Of Teams: The Case Of The St. Louis Rams, Franklin M. Fisher, Christopher Maxwell, Evan Sue Schouten

Marquette Sports Law Review

No abstract provided.


Applying Antitrust Law To Ncaa Regulation Of "Big Time" College Athletics: The Need To Shift From Nostalgic 19th And 20th Century Ideals Of Amateurism To The Economic Realities Of The 21st Century, Matthew J. Mitten Jan 2000

Applying Antitrust Law To Ncaa Regulation Of "Big Time" College Athletics: The Need To Shift From Nostalgic 19th And 20th Century Ideals Of Amateurism To The Economic Realities Of The 21st Century, Matthew J. Mitten

Marquette Sports Law Review

No abstract provided.


Panel Ii: The Economic And Regulatory Issues Of Convergence, William Baer, Lawrence Grossman, Jeffrey Lanning, Robert Joffe Dec 1999

Panel Ii: The Economic And Regulatory Issues Of Convergence, William Baer, Lawrence Grossman, Jeffrey Lanning, Robert Joffe

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Economics Of Sports Leagues - The Chicago Bulls Case, Franklin M. Fisher, Christopher Maxwell, Evan Sue Schouten Jan 1999

The Economics Of Sports Leagues - The Chicago Bulls Case, Franklin M. Fisher, Christopher Maxwell, Evan Sue Schouten

Marquette Sports Law Review

No abstract provided.


Ali To Flood To Marshall: The Most Triumphant Of Words, Alfred Dennis Mathewson Jan 1999

Ali To Flood To Marshall: The Most Triumphant Of Words, Alfred Dennis Mathewson

Marquette Sports Law Review

No abstract provided.


The Curt Flood Act Of 1998: A Hollow Gesture After All These Years?, Edmund P. Edmonds Jan 1999

The Curt Flood Act Of 1998: A Hollow Gesture After All These Years?, Edmund P. Edmonds

Marquette Sports Law Review

No abstract provided.


The Curt Flood Act Of 1998 And Major League Baseball's Federal Antitrust Exemption, John T. Wolohan Jan 1999

The Curt Flood Act Of 1998 And Major League Baseball's Federal Antitrust Exemption, John T. Wolohan

Marquette Sports Law Review

No abstract provided.


Why Baseball's Antitrust Exemption Still Survives, J. Gordon Hylton Jan 1999

Why Baseball's Antitrust Exemption Still Survives, J. Gordon Hylton

Marquette Sports Law Review

No abstract provided.