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Full-Text Articles in Law

The Economics And Antitrust Of Bundling, Rajeev R. Bhattacharya May 2020

The Economics And Antitrust Of Bundling, Rajeev R. Bhattacharya

The Journal of Business, Entrepreneurship & the Law

This article explains the economics and antitrust of bundling. I first show that popular arguments such as demand complementarities, economies of scope, and price discrimination are not sufficient. I then detail potentially anticompetitive factors such as leverage and opacity. I then use simple examples to show how variation in consumer valuations explains bundling and is not anticompetitive. Finally, I explore other business judgment rule explanations for bundling.


Let The State Decide: The Efficient Antitrust Enforcer And The Avoidance Of Anticompetitive Remedies, Andrew J. Fuller Jul 2017

Let The State Decide: The Efficient Antitrust Enforcer And The Avoidance Of Anticompetitive Remedies, Andrew J. Fuller

The Journal of Business, Entrepreneurship & the Law

If the antitrust remedy a private party pursues would likely have anticompetitive consequences, would only the government constitute an efficient enforcer of the antitrust laws? Imagine that a plaintiff sues for a remedy so large that the award of the remedy would meaningfully increase market concentration by sending the defendants into bankruptcy. Is such a plaintiff an efficient enforcer of the antitrust laws? Should courts hold that in this situation only the government should be able to challenge the alleged conduct? These questions have gone unaddressed in academic literature because litigation rarely raises the specter of the anticompetitive remedy. Recently, …


Predatory Hiring As Exclusionary Conduct: A New Perspective, Richard J. Braun, Michael A. Williams Nov 2014

Predatory Hiring As Exclusionary Conduct: A New Perspective, Richard J. Braun, Michael A. Williams

The Journal of Business, Entrepreneurship & the Law

The showing of predatory or exclusionary conduct is a necessary element to prove an attempted monopolization claim under section 2 of the Sherman Act. Predatory hiring as a form of exclusionary conduct has not been extensively analyzed from legal or economic perspectives. Most litigated cases have followed Universal Analytics, Inc. v. MacNeal-Schwendler Corp., where the court held that unlawful predatory hiring occurs when talent is acquired not for purposes of using that talent, but for purposes of denying it to a competitor. An anticompetitive act by a single firm is an act that is not profit maximizing but for the …


Lessons From At&T'S Flop: How To Grow In The Technology Industry While Avoiding Section 7 Antitrust Obstacles, John Soma Jan 2014

Lessons From At&T'S Flop: How To Grow In The Technology Industry While Avoiding Section 7 Antitrust Obstacles, John Soma

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


Third And Extremely Long: Why The Elimination Of The Bcs Seems All But Impossible, Brad Taconi Jan 2012

Third And Extremely Long: Why The Elimination Of The Bcs Seems All But Impossible, Brad Taconi

The Journal of Business, Entrepreneurship & the Law

On January 8, 2009, the University of Florida Gators defeated the University of Oklahoma Sooners in Miami, Florida to win the Bowl Championship Series (“BCS”) Championship Game. As a result of their victory, the Gators were named the Associated Press National Champions after capturing forty eight out of a possible sixty five first place votes. The win on the football field gave the Gators their second national championship in three seasons, but it also reignited a debate about the inherent fairness of the BCS system: whether the BCS violates antitrust law, and whether the federal government should interject and force …


Antitrust Law And Virtual Worlds, Marques Tracy Jan 2012

Antitrust Law And Virtual Worlds, Marques Tracy

The Journal of Business, Entrepreneurship & the Law

Much has been written about the law in virtual worlds, though the focus has been on the more obviously applicable areas of the law, namely property, copyright, and crime. Indeed, in the few instances when disputes involving virtual worlds have reached a federal court, the focus has usually been on contract or copyright claims. It is the purpose of this paper to argue for the use of the antitrust laws as set forth in sections 1 and 2 of the Sherman Act, and possibly the Clayton Act, to forestall the anticompetitive behavior of virtual world developers. First, this paper will …


With The Illinois Brick Wall Down, What's Left?: Determining Antitrust Standing Under State Law, Kellen S. Dwyer Jan 2012

With The Illinois Brick Wall Down, What's Left?: Determining Antitrust Standing Under State Law, Kellen S. Dwyer

The Journal of Business, Entrepreneurship & the Law

This Article deals with a problem which has repeatedly arisen in state and federal courts, resulting in a number of splintered opinions. In 1977, the Supreme Court ruled that only direct purchasers of a price-fixed product may sue under the Sherman Act. Thus, under the "Illinois Brick rule," consumers who buy a price-fixed product from a middle-man may not sue. Many states responded by passing "Illinois Brick repealers" which aimed to allow such suits. This Article addresses two questions which have divided the state and federal courts: Did the Illinois Brick repealers grant automatic standing to any indirect purchaser of …