Law Commons^™

Rise Of The Intercontinentalexchange And Implications Of Its Merger With Nyse Euronext, Latoya C. Brown

Latoya C. Brown, Esq.

This paper examines the impending merger between the IntercontinentalExchange (ICE) and NYSE Euronext against the backdrop of the current structure of the global financial services industry. The paper concludes that the merger embodies what the financial services industry is becoming and captures the model that will allow exchanges to remain competitive in today’s marketplace: mega-exchanges with broader asset classes and electronic platforms. As technology and globalization threaten their vitality, exchanges will need to continue reinventing and adapting. Increasingly over the last decade they have done so by merging and by moving, at least a part of, their operations on screen. …

The Regulation Of U.S. Money Market Funds: Lessons From Europe, Latoya C. Brown

Latoya C. Brown, Esq.

The recent financial crisis challenged long held perceptions of money market funds (“MMFs”) as stable and highly liquid instruments. Regulators in the US and in Europe now seek to impose additional rules on MMFs to avoid another significant failure as happened to the Reserve Fund. In the US, the debate is drawing even more media attention as question of which regulatory body - such as the Securities and Exchange Commission, the Treasury Department, and the Financial Stability Oversight Council – should lead the way has taken interesting twists and turns. This paper examines primary reform options being proposed in the …

Trade Marks: Single Colours Can Be Protected (And Competitors See Red)., Valerio Cosimo Romano

Valerio Cosimo Romano

No abstract provided.

Multisidedness In Ambito Sportivo: Alla Ricerca Di Un Grimaldello Esegetico, Valerio Cosimo Romano, Roberto Pardolesi

Valerio Cosimo Romano

No abstract provided.

The Competition Act Of 2010: What Effect Will The Act Likely Have On The Supply And Prices Of Goods And Services In Malaysia?, Bryane Michael

Bryane Michael (bryane.michael@stcatz.ox.ac.uk)

This presentation provides an overview of the likely effects of Malaysia's 2010 Competition Act.

Government Choices In Innovation Funding (With Reference To Climate Change), Joshua D. Sarnoff

Joshua D Sarnoff

Fairness And Antitrust Reconsidered: An Evolutionary Perspective, Thomas J. Horton

Thomas J. Horton

For many American jurists and scholars, the notion that antitrust should incorporate moral norms of fairness is anathema. They believe that supposedly "non-economic goals" such as fairness have no place in America's single-minded focus on economics, consumer welfare, and allocative efficiency. This article reconsiders this position from an evolutionary perspective. After discussing the arguments for and against applying evolutionary norms of fairness in antitrust cases, the article recommends that courts and antitrust regulators begin applying an evolutionary analysis instead of the static economic consumer and total welfare norms in vogue today. The new focus would be on fairness norms, intent, …

Should The Internet Exempt The Media Sector From The Antitrust Laws? (With Robert H. Lande), Thomas J. Horton

Thomas J. Horton

No abstract provided.

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

Thomas J. Horton

No abstract provided.

U.S. Antitrust: From Shot In The Dark To Global Leadership, David J. Gerber

David J. Gerber

When the US Congress in 1890 enacted the first US antitrust statute in 1890, it was taking a "shot in the dark." There were no models, and there was no experience with this type of law. Today, such laws have been enacted in over 110 countries, and US antitrust law is at the center of a globe-encircling web of competition laws and institutions. In this brief article written as part of a celebration of the history of Chicago-Kent Law School, I review the evolution of US antitrust law from "shot in the dark" to global competition law leadership.

Freedom To Trade And The Competitive Process, Aaron S. Edlin, Joseph Farrell

Aaron Edlin

Although antitrust courts sometimes stress the competitive process, they have not deeply explored what that process is. Inspired by the theory of the core, we explore the idea that the competitive process is the process of sellers and buyers forming improving coalitions. Much of antitrust can be seen as prohibiting firms’ attempts to restrain improving trade between their rivals and customers. In this way, antitrust protects firms’ and customers’ freedom to trade to their mutual betterment.

El Desempeño Como Litigante De La Fne Una Mirada Cuantitativa, Diego G. Pardow

Diego G. Pardow

This paper evaluates the performance on Antitrust cases of the Chilean public enforcer (Fiscalía Nacional Económica, “FNE”), presenting an approach that frames its differences with private plaintiffs in terms of the effort that each of them should deliver during the trial. The presence of the FNE in a particular case is used to draw the line between public and private enforcement, while the number of hearings is considered as a proxy of the joint effort delivered by the parties. The results show that the FNE outperforms private palintiffs in a large number of cases where the defendant’s effort is relatively …