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Full-Text Articles in Law
Antitrust For Dominant Digital Platforms: An Alternative To The Monopoly Power Standard To Restore Competition, Jordan Ramsey
Antitrust For Dominant Digital Platforms: An Alternative To The Monopoly Power Standard To Restore Competition, Jordan Ramsey
Senior Honors Theses
Antitrust law is meant to promote competition by prohibiting anticompetitive business practices such as mergers and acquisitions as well as exclusionary conduct. Judicial interpretation of antitrust law has allowed dominant digital platforms to undertake anticompetitive actions without prosecution. The Sherman Antitrust Act should be amended to remove the monopoly power standard that allows firms to engage in anticompetitive conduct as long as the conduct does not create or uphold monopoly power. The amendment would make anticompetitive conduct illegal regardless of monopoly power, as long as six proof requirements are met. This would result in lessened market concentration, which would benefit …
Restating The "Original Source Exception" To The False Claims Act's “Public Disclosure Bar”, Joel D. Hesch
Restating The "Original Source Exception" To The False Claims Act's “Public Disclosure Bar”, Joel D. Hesch
Faculty Publications and Presentations
The False Claims Act (FCA) is the Department of Justice’s (DOJ) primary litigative tool to combat fraud under federal government programs, including as Medicare and the military. The FCA provides for triple damages and civil penalties. It also contains a unique qui tam provision, which allows a whistleblower, known as a “relator,” to file a FCA lawsuit on behalf of the government and receive a share of 15-25% in the recovery. The DOJ has recovered $20 billion under the FCA from companies cheating the government, and has paid out over $2 billion in citizen rewards. The FCA contains a “public …