Law Commons^™

Consumidores De Libre Competencia, Críspulo Marmolejo

Críspulo Marmolejo

No abstract provided.

Cross Check, Críspulo Marmolejo

Críspulo Marmolejo

Op ed about LAN /TAM merger.

Who Captures The Rents From Unionization? Insights From Multiemployer Pension Plans, D. Bruce Johnsen

D. Bruce Johnsen

From 1945 to 2010 the proportion of private-sector workers covered by collective bargaining agreements declined from 36 percent to a once unthinkable 6.9 percent. The decline raises the question of how well labor unions serve their rank and file. This study addresses the economics of labor unions in an attempt to determine who captures the rents from unionization. Among other things, it examines the generosity of multiemployer defined benefit pension plans for rank-and-file union members and the officer and staff plans for the union that administers them. For given wage, it finds that union officers and staff enjoy pensions and …

The Giants Among Us, Robin Feldman, Thomas Ewing

Robin C Feldman

The patent world is undergoing a change of seismic proportions. A small number of entities have quietly amassed vast treasuries of patents. These are not the typical patent trolls that we have come to expect. Rather, these entities have participants such Apple, Google, Microsoft, Sony, the World Bank, and non-profit institutions. The largest and most secretive of these has accumulated a staggering 30,000-60,000 patents.

Investing thousands of hours of research and using publicly available sources, we pieced together a detailed picture of these giants and their activities. We consider the potential positive effects, including facilitating rewards for forgotten inventors, creating …

No More Abuse: The Dodd-Frank And Consumer Financial Protection Act's "Abusive" Standard, Tiffany S. Lee

Tiffany S Lee

The Dodd-Frank Wall Street Reform and Consumer Financial Protection Act creates the new Bureau of Consumer Financial Protection. This consumer watchdog will be responsible for the most powerful consumer protections in American history. Under section 1031(d) of the Act, the Bureau may ban acts and practices that are unfair, deceptive, or abusive. While the unfair and deceptive standards have existed for some time, “abusive” is a relatively new legal standard with limited jurisprudential history. Thus, ironically, critics assert that the inclusion of the abusive standard is itself an abuse of legislative power. This Article asserts that despite some criticism to …

Saving The First Amendment From Itself: Relief From The Sherman Act Against The Rabbinic Cartels, Barak D. Richman

Barak D Richman

America’s rabbis currently structure their employment market with rules that flagrantly violate the Sherman Act. The consequences of these rules, in addition to the predictable economic outcomes of inflated wages for rabbis and restricted consumer freedoms for the congregations that employ them, meaningfully hinder Jewish communities from seeking their preferred spiritual leader. Although the First Amendment cannot combat against this privately-orchestrated (yet paradigmatic) restriction on religious expression, the Sherman Act can. Ironically, however, the rabbinic organizations implementing the restrictive policies claim that the First Amendment immunizes them from Sherman Act scrutiny, thereby claiming the First Amendment empowers them to do …

100 Years A Vagrant: Grounding The Rootless Rule Of Reason For Horizontal Antitrust Restraints Under Section 1, Jesse W. Markham Jr.

Jesse Markham

Competitive restraints challenged under Section 1 of the Sherman Act are evaluated under either the rule of reason or, for a small and diminishing group of restraints, under per se rules. The role for per se rules has diminished in recent years as courts have retreated from them out of concern that their rigid application can condemn desirable competitive conduct. Now, the rule of reason is the default mode of analysis applicable to nearly all categories of alleged competitive restraints. During the same period in which the Supreme Court expanded the reach of the rule of reason, it also rendered …

The Supreme Court's Renewed Focus On Inefficiently Structured Joint Ventures, Stephen F. 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 has often ignored, however, the potential harm to 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 decision …

The New United States Horizontal Merger Guidelines: Devolution, Evolution, Or Counterrevolution?, Thomas J. Horton

Thomas J. Horton

No abstract provided.

The Coming Extinction Of Homo Economicus And The Eclipse Of The Chicago School Of Antitrust: Applying Evolutionary Biology To Structural And Behavioral Antitrust Analyses, Thomas J. Horton

Thomas J. Horton

The Italian Competition Authority Fines On The Basis Of Art. 2 L.287/90 Four Local Associations For Anticompetitive Practices In The Sector Of Services For Thermic Plants, Valerio Cosimo Romano, Claudia Calvani

Valerio Cosimo Romano

No abstract provided.

Truly Sovereign At Last: C.B.C. Distribution V. Mlb Am And The Redefinition Of The Concept Of Baseball, Mitchell J. Nathanson

Mitchell J Nathanson

This article is the second in the author’s series examining the interplay between baseball and the law (the first being The Sovereign Nation of Baseball: Why Federal Law Does Not Apply To “America’s Game” And How It Got That Way, 16 Vill. Sports & Ent. L.J. 49 (2009)). The Sovereign Nation of Baseball provided the groundwork for this series by discussing how federal courts have historically deferred to those who have traditionally run Major League Baseball (the office of the Commissioner of Baseball as well as the cabal of club owners), bending the rules that would otherwise dictate the resolution …