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Articles 1 - 14 of 14
Full-Text Articles in Law
Hair On Fire: Why Companies Are Less Likely To Feel The Burn Under The Doj’S Newest Change To Antitrust Enforcement, Caroline M. Whitener
Hair On Fire: Why Companies Are Less Likely To Feel The Burn Under The Doj’S Newest Change To Antitrust Enforcement, Caroline M. Whitener
Pepperdine Law Review
In July 2019, the Department of Justice (DOJ) Antitrust Division announced that in an effort to help companies avoid “‘hair on fire’ experiences,” Division prosecutors are now, despite previous hesitancy, encouraged to offer prosecution alternatives in the form of deferred prosecution agreements (DPAs) and non-prosecution agreements (NPAs) to corporate antitrust violators. Alternative prosecution agreements, such as DPAs and NPAs, are contracts between the government and corporate wrongdoers that allow companies to delay or entirely avoid prosecution, provided the company adheres to the contract terms. Additionally, as a part of the policy change, DOJ antitrust prosecutors must evaluate a corporation’s preexisting …
The Blue Devil's In The Details: How A Free Market Approach To Compensating College Athletes Would Work, David A. Grenardo
The Blue Devil's In The Details: How A Free Market Approach To Compensating College Athletes Would Work, David A. Grenardo
Pepperdine Law Review
Everyone involved in the business of major college athletics, except the athletes, receives compensation based on a free market system. The National Collegiate Athletic Association’s (NCAA) cap on athlete compensation violates antitrust law, and athletes should be allowed to earn their free market value as everyone else does in this country. This Article provides a detailed approach to compensating college athletes under a free market model, which includes a salary cap, the terms of a proposed standard player’s contract, a discussion of who can represent players, and payment simulations for football and basketball teams. A free market approach would not …
Kickbacks, Rebates And Tying Arrangements In Real Estate Transactions; The Federal Real Estate Settlement Act Of 1974; Antitrust And Unfair Practices, Conrad G. Tuohey
Kickbacks, Rebates And Tying Arrangements In Real Estate Transactions; The Federal Real Estate Settlement Act Of 1974; Antitrust And Unfair Practices, Conrad G. Tuohey
Pepperdine Law Review
No abstract provided.
The Doctrine Of Primary Jurisdiction: Was It Inverted?, Patrick Callahan
The Doctrine Of Primary Jurisdiction: Was It Inverted?, Patrick Callahan
Pepperdine Law Review
No abstract provided.
Out Of Bounds Under The Sherman Act? Player Restraints In Professional Team Sports , Seth M. Goldstein
Out Of Bounds Under The Sherman Act? Player Restraints In Professional Team Sports , Seth M. Goldstein
Pepperdine Law Review
No abstract provided.
Perspectives In Consumer Advocacy: Antitrust Parens Patriae Suits Pursuant To The Hart-Scott-Rodino Antitrust Improvements Act- A Solution For Wrongs Without Redress, Andrew B. Jones
Pepperdine Law Review
No abstract provided.
Nearly A Century In Reserve: Organized Baseball: Collective Bargaining And The Antitrust Exemption Enter The 80'S, Nancy Jean Meissner
Nearly A Century In Reserve: Organized Baseball: Collective Bargaining And The Antitrust Exemption Enter The 80'S, Nancy Jean Meissner
Pepperdine Law Review
In her comment, the author fashions a compelling argument for congressional elimination of baseball's exemption from federal antitrust laws. After noting that the exemption had been formulated in 1922 by the Supreme Court, the author explains that it has been abused by baseball club owners to create a virtual monopoly over ballplayers through the reserve system. Although the reserve system's control was somewhat diluted in 1976, with the advent of free agency and collective bargaining, club owners are currently negotiating for mandatory compensation for the loss of free agents. The resultant threat of a player's strike has served to focus …
Muko And Conex: The Third Circuit Responds To Connell , Robert A. King, Melvin L. Moser
Muko And Conex: The Third Circuit Responds To Connell , Robert A. King, Melvin L. Moser
Pepperdine Law Review
The authors discuss the application of federal antitrust laws to organized labor. The article, written for practitioners, defines the elements necessary to obtain a recovery in labor antitrust actions. The authors analyze the standard of review, burden of proof and the elements which the unions must show in order to be exempted from antitrust law. The focal point of the article is the comparison between the Supreme Court's most recent discussion of the labor exemption in Connell Construction Co. v. Plumbers & Steamfitters Local Union 100 and the Third Circuit's application of that exemption in Larry V. Muko v. Southwestern …
Herschel Walker V. National Football League: A Hypothetical Lawsuit Challenging The Propriety Of The National Football League's Four-Or-Five Year Rule Under The Sherman Act, A. Randall Farnsworth
Herschel Walker V. National Football League: A Hypothetical Lawsuit Challenging The Propriety Of The National Football League's Four-Or-Five Year Rule Under The Sherman Act, A. Randall Farnsworth
Pepperdine Law Review
No abstract provided.
Dr. Boulderlove; Or, How I Learned To Stop Worrying And Love Local Antitrust Liability , Kevin Charles Boyle
Dr. Boulderlove; Or, How I Learned To Stop Worrying And Love Local Antitrust Liability , Kevin Charles Boyle
Pepperdine Law Review
Community Communications v. Boulder arose in the context of local cable registration, but the decision raised the specter of antitrust liability for nearly any local regulatory activity. This comment reviews state legislation enacted in response to Boulder against a framework of the post-Boulder "Parker Doctrine" and its probable requirements.
Antitrust And California's New Preferred Provider Organization Legislation: A New Alternative In Health Care Cost Containment , Carol A. Woo
Antitrust And California's New Preferred Provider Organization Legislation: A New Alternative In Health Care Cost Containment , Carol A. Woo
Pepperdine Law Review
No abstract provided.
Antitrust Implications Of Medical Peer Review: Balancing The Competing Interests , Joan M. Ruane
Antitrust Implications Of Medical Peer Review: Balancing The Competing Interests , Joan M. Ruane
Pepperdine Law Review
No abstract provided.
The Arbitration Of Federal Domestic Antitrust Claims: How Safe Is The American Safety Doctrine?, Bruce R. Braun
The Arbitration Of Federal Domestic Antitrust Claims: How Safe Is The American Safety Doctrine?, Bruce R. Braun
Pepperdine Law Review
No abstract provided.
The Roberts Court & The Business Cases, Kenneth W. Starr
The Roberts Court & The Business Cases, Kenneth W. Starr
Pepperdine Law Review
No abstract provided.