Law Commons^™

The Italian Chamber Of Lords Sits On Listed Company Boards. An Empirical Analysis Of Italian Listed Company Boards From 1998 To 2006 - Presentation (Powerpoint Format), Paolo Santella, Carlo Drago, Andrea Polo

Paolo Santella

No abstract provided.

The Neoclassical Crisis In U.S. Competition Policy, 1890-1960, Herbert Hovenkamp

Herbert Hovenkamp

ABSTRACT The development of marginalist, or neoclassical, economics led to a fifty-year long crisis in competition policy. Given an industrial structure with sufficient fixed costs, competition always became "ruinous," forcing firms to cut prices to marginal cost without sufficient revenue remaining to pay off investment. Early neoclassicists such as Alfred Marshall were not able to solve this problem. As a result many early twentieth century economists were hostile toward the antitrust laws. The ruinous competition debate came to an abrupt end in the early 1930's, when economists Joan Robinson in Great Britain and particularly Edward Chamberlin in the United States …

Antitrust Systems: Searching Similarities Between East Asia And Chile, Críspulo Marmolejo

Críspulo Marmolejo

The study of Free Competition, Monopolies and Antitrust laws have a really important meaning for the developing of free markets in a global context. Free Competition is currently one of the main requirements to get the achievements of efficiency, transparency and dynamism in any market, especially in developing countries where these factors need to be considered as important instruments of economic growing and poverty decreasing. East Asia is an area that have been implemented several reforms structured upon the basis of free market, which it means a sustainable growing of GDP, opening to Foreign Direct Investment, protection of property rights …

The Italian Chamber Of Lords Sits On Listed Company Boards. An Empirical Analysis Of Italian Listed Company Boards From 1998 To 2006 - Presentation (Powerpoint Format), Paolo Santella, Carlo Drago, Andrea Polo

Paolo Santella

No abstract provided.

China’S New Anti-Monopoly Law: Big Trouble In Little China?, Henry C. Cheng

Henry C Cheng

China’s New Anti-monopoly Law: Big Trouble in Little China? addresses China’s new Anti-Monopoly Law (“AML”) that became effective in August 2008, specifically the implications of provisions related to China’s state-owned enterprises ("SOEs"). It explores the legislative history of the AML and provides interpretations of the pertinent provisions.

In addition, the article is the first to synthesize competition laws from the U.S. and the European Community in order to apply them in another country. To achieve that, the author embarked on a comprehensive research on the development of competition laws in the US and the EC. There has been no work …

Twombly: The Demise Of Notice Pleading, The Triumph Of Milton Handler And The Uncertain Future Of Private Antitrust Enforcement, Edward D. Cavanagh

Edward D. Cavanagh

No abstract provided.

The Cfi Microsoft Judgment And Trips Competition Flexibilities, Hans Henrik Lidgard

Hans Henrik Lidgard

No abstract provided.

Rpm As An Exclusionary Practice, Ittai Paldor

Ittai Paldor

The existing explanations for resale price maintenance (RPM) are divided along a clear line, separating the pro- and anti- competitive explanations. The anti-competitive explanations suggest that RPM is introduced in furtherance of a cartel either at the retail level or at the manufacturing level. The pro-competitive explanations, by contrast, are all based on the assumption that RPM is designed to benefit a single manufacturer. A key distinction in classifying RPM systems according to the present state of the literature is thus the distinction between single-manufacturer-driven RPM and any other RPM system. This distinction is of major practical importance subsequent to …

The Chicago School Virus, Spencer Weber Waller

Spencer Weber Waller

The Chicago School of Law and Economics is a leading example of a highly successful legal ideology. As one recent commentator has noted: "[T]he basic characteristic of the Chicago School is the belief that free markets and the price mechanism are the most effective and desirable ways for a society to organize production and economic life in general." The Chicago School of Law and Economics applies these insights to legal questions and views the creation and enforcement of legal rules primarily in terms of how legal rules and institutions promote allocative efficiency and wealth maximization.

While much ink has been …

Categorical Analysis In Antitrust Jurisprudence (With M. Lemley), Christopher Leslie

Christopher R. Leslie

No abstract provided.

The Overcharge As A Measure For Antitrust Damages, Martijn Han, Maarten Pieter Schinkel, Jan Tuinstra

Martijn A. Han

Victims of antitrust violations can recover damages in court. Yet, the quantification of antitrust damages and to whom they accrue is often complex. An illegal price increase somewhere in the chain of production percolates through to the other layers in a ripple of partial pass-ons. The resulting reductions in sales and input demands lead to additional harm to both downstream (in)direct purchasers and upstream suppliers. Nevertheless, U.S. civil antitrust litigation is almost exclusively concerned with direct purchaser claims for (treble) damages calculated on the basis of the overcharge. Similar best practice rules are emerging in Europe. In this paper, we …

El Proyecto De Ley De Competencia A La Luz Del Análisis Económico Del Derecho, Fernando Castillo Cadena

Fernando Castillo Cadena

No abstract provided.

Major League Baseball As Enron: The True Meaning Of The Mitchell Report, Mitchell J. Nathanson

Mitchell J Nathanson

Although the December 13, 2007 release of the Mitchell Report received attention for the names of the players included within, what was overlooked by many was the true import of the report: namely, the indictment of Major League Baseball itself as a corrupt entity. As such, the players identified as steroid abusers within the report were merely reflections of the larger, systemic problem that existed for decades within MLB rather than the problem in and of themselves. This article examines this revelation in detail.

The Sovereign Nation Of Baseball: Why Federal Law Does Not Apply To "America's Game" And How It Got That Way, Mitchell J. Nathanson

Mitchell J Nathanson

This article examines the relationship between Major League Baseball (MLB) and the law and discusses how it has evolved that MLB has become unofficially exempt from federal law on a wide range of issues due to its unique status within American society. Although its antitrust exemption is well-known, MLB has, in practice, not been subject to the forces of federal law in many other contexts as well, setting it apart from most other corporations and organizations – even other professional sports leagues such as the NFL, NHL and NBA. As a result of the wide berth provided to MLB by …

El Derecho De Los Secretos, Juan Carlos Riofrío Martínez-Villalba

Juan Carlos Riofrío Martínez-Villalba

Es la primera obra en el mundo que estudia todo tipo de secretos bajo la óptica de una sola teoría general. En ella se tratan con singular profanidad los secretos profesionales (del abogado, periodista, médico, banquero, etc.), la deliberación privada del tribunal y ciertos privilegios para callar en juicio; los secretos de Estado, los oficiales, procesales, convencionales y de negociación. Obviamente entran los secretos comerciales, de empresa o de fábrica, la protección de datos y registros, el voto secreto y el anonimato. Pero lo más llamativo es la forma, tan sorprendente como coherente, en que analiza dentro de la teoría …

Revitalizing Essential Facilities, Spencer Weber Waller, Brett Frischmann

Spencer Weber Waller

Revitalizing Essential Facilities

Spencer Weber Waller

Brett Frischmann

Our article examines an age old debate about the nature and limits of property rights and the current manifestation of this debate in antitrust law. Many areas of law struggle to balance private property rightsCmost importantly, the right of exclusionCwith the public=s right of access to essential resources. What is the best way to manage resources that provide both public and private benefits? For years, academics and law makers have debated this question with respect to transportation systems, communication networks, scientific research, and a variety of other "infrastructural" resources. Many press for …