Law Commons^™

What Is An Agreement? (In Hebrew), Michal Gal

Michal Gal

No abstract provided.

Understanding The Solution For Microsoft, Ivo T. Gico

Ivo Teixeira Gico Jr.

Nesse artigo, o autor examinou a solução do caso da Microsoft, tentando responder as seguintes perguntas: Seria a Microsoft responsável pelo monopólio do mercado de sistemas operacionais e pela vinculação ilegal no mercado de navegadores? Qual seria a solução menos drástica e intrusiva que poderia solucionar todas as acusações? Teria o Judiciário encontrado uma solução equilibrada para criar a competção sem destruir a Microsoft? Que abordagem seria melhor?

In this paper, the author examines the issue of relief in the Microsoft case, trying to answer the following questions: Is Microsoft liable for monopolization on the operating system market and illegal …

La Ley De Libre Competencia, Juan Carlos Riofrío Martínez-Villalba

Juan Carlos Riofrío Martínez-Villalba

No abstract provided.

The Irrelevance Of Major League Baseball's Antitrust Exemption: A Historical Review, Mitchell J. Nathanson

Mitchell J Nathanson

This article examines Major League Baseball’s (MLB) antitrust exemption from a practical, historical perspective and concludes that it is largely irrelevant to the actual (as opposed to theoretical) workings of the business of baseball. This article focuses first on the exemption’s supposed protection of baseball’s “reserve clause” and finds that it was irrelevant to its creation in 1879 as well as its demise in 1975. Despite the exemption, the reserve clause has always been subject to challenge under contract law and it was a simple argument based on contract law principles that led to its eventual dismantling. This article then …

La Convivencia Entre El Derecho Concursal Y La Libre Competencia. El Caso Argentino, Carlos Molina Sandoval

Carlos Molina Sandoval

El presente trabajo tiene por objeto introducirse en ciertos de interrelación entre el derecho concursal y el régimen competivio, que han sido poco explorados, pero que requieren de una clara armonización de ambos regímenes.

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 …

Passivo Concorrencial: Comprando Um Problema, Ivo T. Gico

Ivo Teixeira Gico Jr.

O presente artigo visa a analisar como a questão concorrencial pode afetar severamente a avaliação de ativos financeiros adquiridos, tendo como pano de fundo o caso da condenação do Sindipedras e outras 18 empresas do setor de mineração por formação de cartel, o primeiro caso de cartel efetivamente punido no Brasil.

This paper aims to examine how the competitive issue may severely affect the valuation of financial assets, having as background the case of the condemnation of Sindipedras and 18 mining industry companies for the cartels practice, the first cartel case effectively punished in Brazil.

Monopoly Pricing As An Antitrust Offense In The U.S. And The Ec: Two Systems Of Belief About Monopoly?, Michal Gal

Michal Gal

Monopoly pricing per se, that is without need of proof of anti-competitive conduct or intent, is regulated very differently on both sides of the Atlantic, at least in theory. U.S. antitrust law sets a straightforward rule: monopoly pricing, as such, is not regulated. In contrast, under EC law excessive pricing is considered an abuse of dominance and is punishable by fine and subject to a prohibitory order. These approaches fit the divide between the regulation of exclusionary and exploitative conduct: whereas exclusionary conduct is an offense against antitrust law on both sides of the Atlantic, exploitative conduct generally only breaches …

The Lessons Of Covisint: Regulating B2bs Under European And American Competition Laws, Thomas J. Horton

Thomas J. Horton

No abstract provided.

Choice Of Law: New Foundations, Andrew T. Guzman

Andrew T Guzman

No abstract provided.

Antitrust And International Regulatory Federalism, Andrew T. Guzman

Andrew T Guzman

In this Essay, Andrew Guzman proposes internationalization of antitrust law to supplant current methods of antitrust regulation across national borders. Specifically, instead of relying on local regulation, bilateral agreements between states, or a choice-of-law rule for antitrust enforcement, countries should adopt universal substantive standards. Moreover, Guzman recommends the World Trade Organization (WTO), which already employs a dispute resolution mechanism, as the governing forum for international antitrust issues. There, states can negotiate transfer payments in one international transaction to achieve agreement in another. Upon evaluating Professor Eleanor Fox’s proposal of a stand-alone World Competition Forum that would specialize exclusively in international …

Book Review: The Common Law In Cyberspace, Tom Bell

Tom W. Bell

Although Law and Disorder in Cyberspace gets a great deal right in boldly proposing to abolish the FCC and rely on common law courts to regulate the telecosm, an untenable distinction between the process and substance of common law runs through the text. That fundamental flaw opens a rift through which creep a number of lesser errors. Peter Huber accords antitrust law, despite its reliance on legislation and inconsistency with common law proper, inexplicable deference. In an analysis aggravated by suspect claims about the history of telecommunications, he promotes mandatory interconnection at the expense of property and contract rights. Contrary …

Is International Antitrust Possible?, Andrew T. Guzman

Andrew T Guzman

This Article analyzes the economic incentives countries face in selecting an antitrust policy. It demonstrates that, in the presence of international trade, antitrust policies chosen by national governments will generally not lead to an outcome that is desirable from an international perspective. Professor Guzman identifies the reasons why nationally chosen policies are different from the optimal global policy and shows how the direction of the deviation from the optimal policy depends on trade patterns and the extent to which national laws are applied extraterritorially. The author concludes that, although international agreement is not impossible, the prospects for substantive cooperation on …

Recent Initiatives In Antitrust Enforcement, Aaron S. Edlin

Aaron Edlin

No abstract provided.

Do Guaranteed-Low-Price Policies Guarantee High Prices, And Can Antitrust Rise To The Challenge?, Aaron S. Edlin

Aaron Edlin

Price-matching policies can be highly anticompetitive. They allow firms to raise their prices above competition levels by discriminating in price between informed and uninformed customers. The resulting high prices can persist even when new firms enter the industry, a fact that gives price matching the potential to be much more socially costly than an ordinary monopoly or cartel. At the same time, widespread entry implies that the agreement among sellers that is typical of a Sherman Act price-fixing case may be absent. In this article, Professor Edlin argues that there is nonetheless an analogy between a seller offering (and agreeing) …

The Admissibility Of Evidence Protected By Noerr-Pennington, Michael E Lewyn

Michael E Lewyn

Although poliitical activity is protected from antitrust liability under the Noerr-Pennington doctrine, evidence of such activity is at times admissible to prove other antitrust violations. Such evidence, if admissible, could be used to prove anticompetitive intent, or as a 'plus factor' to prove conspiracy where the only other evidence of conspiracy is parallel conduct. However, such evidence is most likely to be admitted where it is superfluous.

"Entrenchment" Under Section 7 Of The Clayton Act: An Approach For Analyzing Conglomerate Mergers, Lawrence Hellman

Lawrence K. Hellman

No abstract provided.

Missbruk Av Dominerande Marknadsställning I Sverige Och Eec, Hans Henrik Lidgard

Hans Henrik Lidgard

No abstract provided.

Frihandel Och Missbruk Av Marknadsdominerande Ställning, Hans Henrik Lidgard

Hans Henrik Lidgard

No abstract provided.

Missbruk Av Marknadsdominerande Ställning Och Möjligheterna Till Fusionskontroll Enligt Svensk Rätt, Hans Henrik Lidgard

Hans Henrik Lidgard

No abstract provided.

Economic Pressure And Antitrust (With James A. Wilkinson), Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.

Sverige - Eeg Och Konkurrensen, Hans Henrik Lidgard

Hans Henrik Lidgard

No abstract provided.

Comment, An Approach For Reconciling Antitrust Law And Securities Law: The Antitrust Immunity Of The Securities Industry Reconsidered, Lawrence Hellman

Lawrence K. Hellman

No abstract provided.