Law Commons^™

Federal Antitrust Law : A Treatise On The Antitrust Laws Of The United States, Joseph P. Bauer, Earl W. Kintner., William P. Kratzke

Joseph P. Bauer

No abstract provided.

The Chinese Anti-Monopoly Law: New Developments And Empirical Evidence, Michael Faure, Xinzhu Zhang, Susan Farmer

Susan Beth Farmer

Beth Farmer contributed the following chapter: "Competition Policy in China: Trends in Private Civil Litigation"

Effective enforcement of competition laws and regulations benefits society, consumers and market participants, and promotes a competition culture. Private civil actions can contribute to healthy economic development (AML Article 1), consumer welfare, and economic efficiency and more complete and effective enforcement of competition law. This chapter discusses developments in private civil actions under the Chinese AML in the context of recent Provisions of the Supreme People’s Court, national development goals, and the experience of four years of active civil litigation. A spokesperson of the Intellectual …

Player Restraints And Competition Law Throughout The World, Stephen Ross

Stephen F Ross

This article reviews agreements among clubs participating in league sports in many countries throughout the world that limit competition for the services of players. Under the English common law (which governs in most of the British commonwealth), the competition law provisions of the European Union's governing treaty, the American Sherman Act, and the Canadian Competition Act, the governing standard is quite similar. Player restraints cab only be justified if they are related to a legitimate purpose, which is usually defined as one that demonstrably improves the consumer appeal for the sporting competition. Moreover, and significantly, player restraints must be reasonably …

Monopoly Sports Leagues, Stephen Ross

Stephen F Ross

This Article argues that the government should break up both Major League Baseball and the NFL to provide for competing economic entities in each sport. Part I details the harm monopoly sports leagues cause in several different markets and explains why a competitive league structure can correct such harms. Part II discusses why regulatory solutions are poor substitutes for competition as a means of redressing these harms. Part III explains why neither baseball nor football is a "natural monopoly" and argues that no persuasive evidence suggests that rival leagues cannot exist in those sports. Part IV examines how the antitrust …

The Supreme Court's Renewed Focus On Inefficiently Structured Joint Ventures, Stephen Ross

Stephen F Ross

Antitrust courts and commentators have long appreciated that joint ventures among rival firms have the potential to provide benefits to consumers and the economy through synergies and economies of scale, but also raise the potential of lessening competition among the venture principals. The case law and academic literature have often ignored, however, the potential harm that befalls consumers when joint ventures with market power are structured in a manner that gives the principals the ability to direct policy and a strategy in a manner that advances their parochial self-interest, rather than the interests of the venture-as-a-whole. The Supreme Court's recent …

The Misunderstood Alliance Between Sports Fans, Players, And The Antitrust Laws, Stephen Ross

Stephen F Ross

The baseball strike and the ongoing hostilities between the players' association and owners have evoked criticism and frustration among fans and others. Although the players successfully defeated the owners' most recent attempts to reduce major league competition, the threat of future imposition of competitive restraints by the owners remains. In this article Professor Stephen F. Ross argues that blanket restraints on the market for players affirmatively inhibit on-the-field competition and consequently offend the Sherman Act. The article begins with the proposition that monopsony - price-fixing behavior by buyers', rather than sellers' cartels - implicates the Sherman Act. Restraints on competition …

Sports And The Law: Text, Cases, And Problems, 5th, Stephen Ross, Paul Weiler, Gary Roberts, Roger Abrams

Stephen F Ross

This casebook introduces students to the fundamentals of labor, antitrust, and intellectual property law as applied in the professional and amateur sporting industries. It covers the unique office of the league commissioner and special concerns with the “best interests of sports”; the contract, antitrust, and labor law dimensions of the player-labor market; the peculiar institution of the player agent in a unionized industry; the economic and legal implications of agreements among league owners and responses to rival leagues; the system of commercialized college athletics governed by the NCAA and how law impacts individual sports like golf, tennis and boxing; as …

Reconsidering Flood V. Kuhn, Stephen Ross

Stephen F Ross

Within the academia, two very different groups of legal scholars have devoted a great deal of attention to Flood v. Kuhn. Those specializing in sports law have either attached Flood as a ridiculous decision that improperly distinguished between baseball and other professional sports, or have praised it for waging guerrilla warfare on the idea that Section 1 of the Sherman Act should apply to intra-league arrangements by owners of the professional sports teams. Those viewing Flood through the lens of statutory interpretation perceive the decision as adhering rigidly to the principle of stare decisis; this rigidity has been both praised …

Reaganist Realism Comes To Detriot, Stephen Ross

Stephen F Ross

Part I of this article discusses Detroit Newspapers and explains how in deferring to the Attorney General's interpretation of the Newspaper Preservation Act, Judge Silberman disregarded every applicable technique of statutory interpretation typically used to resolve the issue. Indeed, each of these techniques suggests that Attorney General Meese's interpretation of the Act was incorrect. This part of the article also demonstrates why deference to Meese was particularly inappropriate in light of the generally accepted justifications for judicial deference to administrative interpretations of statutes.

Part II explains that Detroit Newspapers is one of several opinions by conservative Reagan judicial appointees that …

An Antitrust Analysis Of Sports League Contracts With Cable Networks, Stephen Ross

Stephen F Ross

This Article discusses the proper antitrust treatment of package sales to cable. Part I considers whether the antitrust laws apply at all to such sales; it concludes that section one of the Sherman Act does apply and that neither the Sports Broadcasting Act of 1961 not baseball's historic exemption from the antitrust laws prevents antitrust scrutiny of these contracts. Part II explains why cable package sales should be analyzed under a rule of reason test focused on the effect of a sale on fan viewership. Finally, Part III responds to several possible objections to the rule of reason standard proposed …

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

Stephen F Ross

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. …

Accommodating Labor And Antitrust, Stephen Ross

Stephen F Ross

In this article, the author comments on Professor Michael LeRoy's article "Federal Jurisdiction in Sports Labor Disputes" (2012 Utah L. Rev. 815) and explains why he disagrees with the claim that federal courts improperly invoke the Sherman Act in sports labor disputes.

A Rapid Reaction To O'Bannon: The Need For Analytics In Applying The Sherman Act To Overly Restrictive Joint Venture Schemes, Stephen Ross, Wayne Desarbo

Stephen F Ross

This Article reviews the recent and highly publicized district court decision holding that NCAA rules, which bar student-athletes from any compensation for image rights, violated the Sherman Act, and that big-time athletic programs could lawfully agree among themselves to limit compensation to $5,000 annually in trust for each athlete upon leaving school. This Article briefly discusses why the decision correctly found the current rule to be illegal, but also details why, under settled antitrust law, the critical question of how much compensation would significantly harm consumer appeal for college football and basketball is a question better left to marketing science …

Course Materials On East-West Trade Law, Julian Juergensmeyer, A. Burzynski

Julian C. Juergensmeyer

No abstract provided.

The Second Decentralisation Of Competition Law — A Must For An Orderly Administration Of Justice In The Eu, Emanuela Matei, Valentin Mircea

Emanuela A. Matei

The article relies upon the postulate that the European system of competition enforcement could benefit from a transplantation of a lot vaster American experiences in the field of private litigation.

Regulatory Failure And The Global Financial Crisis: An Australian Perspective, Mohamed Ariff, John Farrar, Ahmed Khalid

Ahmed Khalid

Description: This fascinating book presents a lively discussion of key issues resulting from the recent financial crisis. The expert contributors explore why the global financial crisis occurred, how it destroyed wealth, triggered mass unemployment and created an unprecedented loss of control on employment, monetary policy and government budgets. Important topics encompassing the origin and impact of the crisis, governance failure, regulatory forgiveness, credit splurges, asset bubbles and the greed of institutions are analysed from the wide-ranging perspectives of not only academics in both economics and law, but also industry practitioners and regulators. This multidimensional evaluation of what went wrong concludes …

"La Inconstitucionalidad De Las Cuotas De Mercado En Materia De Hidrocarburos. Un Modelo Para Armar", Javier Quiñones

Javier Fernando Quiñones

En "La Inconstitucionalidad de las cuotas de mercado en materia de hidrocarburos. Un modelo para armar", analizo las políticas restrictivas de la libre competencia en éste mercado y su compatibilidad con el régimen económico establecido en la Constitución.

The Donau Chemie Case: Access To File As A Guarantee Of Access To Justice In Cross-Border Litigation, Emanuela Matei

Emanuela A. Matei

No abstract provided.

Jurisprudenta In Materia Concurentei. Obligatia De A Solicita O Hotarare Preliminara., Emanuela Matei

Emanuela A. Matei

No abstract provided.

Confucianism And Antitrust: China's Emerging Evolutionary Approach To Anti-Monopoly Law, Thomas J. Horton

Thomas J. Horton

In August, 2007, the People’s Republic of China, through its National People’s Congress, enacted its Anti-Monopoly Law, which took effect in August, 2008. This article discusses the historical, cultural, and philosophical values that have helped to shape and influence China’s current AML. Rather than following the United States and Europe, China appears to be charting its own course in interpreting and enforcing its competition laws. Based upon China’s history, culture, and Confucian ethics and morals, this article forecasts that China’s future AML enforcement will be based upon social, moral, and ethical considerations, as well as economic ones. This article concludes …

Margin Squeeze In The Telecommunication Market. Transitional Period Between Dial-Up And Broadband Internet. Teliasonera Case, Emanuela Matei

Emanuela A. Matei

No abstract provided.

International Trade And U.S. Antitrust Law, J. Kessler, Alexander Tsesis

Alexander Tsesis

No abstract provided.

Global Textiles And Clothing Trade: Trade Policy Perspectives, Umair Ghori

Umair H. Ghori

Textile and clothing (T&C) manufacture is often a country's first step on the road to industrialisation, and thus a critically important sector of international trade for developing countries and least developed countries (LDCs). A long-standing system of quotas - established outside the GATT norms, primarily to protect developed economies, and expanded throughout the latter half of the twentieth century - was abolished in 2005. This event launched a major shift in the workings of this area of world trade. This book explores the impact of this seminal event. The author presents substantial case studies of the effect of the abolition …

Chapters On North Dakota And South Dakota, Thomas Horton

Thomas J. Horton

These volumes sets forth the substantive civil and criminal case law, procedure, practice, and statutes in separate chapters for each of the 50 states.

Comment: Doha, Security And Justice – A Response To Prof. Raj Bhala, Frank Garcia

Frank J. Garcia

No abstract provided.

Theories Of Justice And International Economic Law, Frank Garcia, Lindita Ciko

Frank J. Garcia

No abstract provided.

Developing A Normative Critique Of International Trade Law, Frank Garcia

Frank J. Garcia

No abstract provided.

Committee Member, Frank Garcia

Frank J. Garcia

No abstract provided.

Digital Platforms In A Competition Law Context. A New Function Of Competition Law In The Digital Era, Vincenzo Franceschelli

Vincenzo Franceschelli

In a classical approach, competition law is a combination (or, if you prefer, a blend or a mixture) of law and economics. The ultimate traditional accepted goal of antitrust is to increase competition and consequently to protect the consumer.

In the digital era, competition law is going beyond its original objective of creating and preserving a competitive market.

Monopoly or dominant position in the digital world effects the communication system, and therefore citizen’s fundamental rights.

Freedom of expression, the right to be informed, privacy, access to information and to the net are preserved in a competitive and pluralistic market and …

Doha, Security And Justice: A Response To Prof. Raj Bhala, Frank Garcia

Frank J. Garcia

No abstract provided.