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Articles 1 - 6 of 6
Full-Text Articles in Law
On The Public-Law Character Of Competition Law: A Lesson Of Asian Capitalism, Michael Dowdle
On The Public-Law Character Of Competition Law: A Lesson Of Asian Capitalism, Michael Dowdle
Michael Dowdle
This article argues that competition law is best seen as a form of public law – ‘the law that governs the governing of the state – and not as simply a form of private market regulation. It uses the experiences of ‘Asian capitalism’ to show how capitalist economies are in fact much more variegated than the orthodox model of competition law presumes, and that this variegated character demands a form of regulation that is innately political rather than simply technical. Orthodox competition regimes address this complexity by segregating non-standard capitalisms into alternative doctrinal jurisprudences, but this renders conceptually invisible the …
The Rise And Rise Of The One Percent: Getting To Thomas Piketty's Wealth Dystopia, Shi-Ling Hsu
The Rise And Rise Of The One Percent: Getting To Thomas Piketty's Wealth Dystopia, Shi-Ling Hsu
Shi-Ling Hsu
Thomas Piketty's Capital in the Twenty-first Century, which is surely one of the very few economics treatises ever to be a best-seller, has parachuted into an intensely emotional and deeply divisive American debate: the problem of inequality in the United States. Piketty's core argument is that throughout history, the rate of return on private capital has usually exceeded the rate of economic growth, expressed by Piketty as the relation r > g. If true, this relation means that the wealthy class – who are the predominant owners of capital – will grow their wealth faster than economies grow, which …
The Basis For Noerr-Pennington Immunity: An Argument Based On Supreme Court Precedent That Federal Antitrust Law Forms The Foundation Of Noerr-Pennington, Not The First Amendment, Michael Pemstein
Michael Pemstein
Under the Noerr-Pennington doctrine defendants are immune from liability for violations of federal antitrust law that result from their efforts to influence the passage or enforcement of laws, even if the laws they advocate for, or their means of advocacy, have anticompetitive effects. Many courts have assumed that the Noerr-Pennington doctrine is based solely on the protections afforded by the First Amendment right to petition and have extended the Noerr-Pennington doctrine to a wide variety of torts outside the antitrust context based on this assumption. This article argues that these courts have failed to recognize that Noerr-Pennington’s protections are …
An Impossible Reconciliation? Understanding Class-Action Waivers And Arbitration After American Express V. Italian Colors, Kristine A. Bergman
An Impossible Reconciliation? Understanding Class-Action Waivers And Arbitration After American Express V. Italian Colors, Kristine A. Bergman
Kristine A Bergman
No abstract provided.
Data Scraping And Abuse Of Dominance In Travel Services: Story Of An Antitrust Guerrilla, Valerio Cosimo Romano
Data Scraping And Abuse Of Dominance In Travel Services: Story Of An Antitrust Guerrilla, Valerio Cosimo Romano
Valerio Cosimo Romano
No abstract provided.
New Powers- New Vulnerabilities? A Critical Analysis Of Market Inquiries Performed By Competition Authorities, Tamar Indig, Michal Gal
New Powers- New Vulnerabilities? A Critical Analysis Of Market Inquiries Performed By Competition Authorities, Tamar Indig, Michal Gal
Michal Gal
In the past two decades the number of jurisdictions which have empowered their Competition Authorities to engage in market inquiries (MIs) has grown substantially. Although jurisdictions differ in the scope and procedure adopted for such studies, they all share an important common trait: attempting to allocate the roots of limited competition in the studied market. Market studies differ from traditional competition law tools in their triggers, range, object, and the level of pro-activity of the Competition Authority. They are not triggered by a suspicion of anti-competitive conduct of specific firm(s), but rather allow the Authority to use a broad prism …