Law Commons^™

Constraining Monitors, Veronica Root

Veronica Root

Monitors oversee remediation efforts at dozens, if not hundreds, of institutions that are guilty of misconduct. The remediation efforts that the monitors of today engage in are, in many instances, quite similar to activities that were once subject to formal court oversight. But as the importance and power of monitors has increased, the court’s oversight of monitors and the agreements that most often result in monitorships has, at best, been severely diminished and, at worst, vanished altogether.

The lack of regulation governing monitors is well documented; yet, the academic literature on monitorships to date has largely taken the state of …

Federal Antitrust Law : A Treatise On The Antitrust Laws Of The United States, Joseph P. Bauer, Earl W. Kintner., William P. Kratzke

Joseph P. Bauer

No abstract provided.

Writing Better Jury Instructions: Antitrust As An Example, Joshua P. Davis, Shannon Wheatman, Cristen Stephansky

Joshua P. Davis

Vertical Restraints After Monsanto , George A. Hay

George A. Hay

No abstract provided.

Baseball And Antitrust: The Legislative History Of The Curt Flood Act Of 1998, Edmund P. Edmonds, William H. Manz.

Edmund P. Edmonds

No abstract provided.

Deactivating Actavis: The Clash Between The Supreme Court And (Some) Lower Courts, Joshua Davis, Ryan Mcewan

Joshua P. Davis

Numerous trial courts have misinterpreted the Supreme Court’s recent decision in FTC v. Actavis, Inc. An interesting question is why they have done so. Perhaps lower courts disagree with the Supreme Court about so-called “reverse payment” cases, the subject of the Actavis opinion. Or perhaps they simply have made random mistakes, as is perhaps inevitable, particularly in a challenging area of the law like antitrust. This Article suggests an alternative account: that lower courts are seeking clear guidance from Actavis, clear guidance that the Supreme Court has not tended to provide in antitrust cases in general and that it did …

Federal Antitrust Law : A Treatise On The Antitrust Laws Of The United States, Joseph Bauer, Matthew Bender

Joseph P. Bauer

This master treatise provides a comprehensive analysis of the development and current status of antitrust law, as well as practical guidance for the application of that law. The brevity and generality of the language of relevant acts, combined with the ever-increasing volume of antitrust litigation and varying philosophies of enforcement and interpretation by courts and agencies, makes Federal Antitrust Law indispensable to corporate counsel, government attorneys, and private practitioners specializing in antitrust law. Three volumes focus exclusively on nearly 75 years of Federal Trade Commission work, a subject neglected in other antitrust works. Includes thorough examinations of the FTC Act; …

Políticas Públicas De Fomento A La Competencia, Camilo Ossa

Camilo Ossa

In this paper you will find a description related to the constitutional framework that enables the state to intervene in the economy, in order to disaggregate the support on which is built on competition law in Colombia, without neglecting the crucial role economic regulation plays in maintaining the economic and social order, becoming interested more to discover the public policy of the State in this matter, according to the theoretical precepts that teach how the construction and implementation of public policy and the subsequent assessment of the rules of competition law to determine which state, according to the theoretical postulates, …

The E-Books Conspiracy: Crossing The Line Between Applying And Creating Law, Tom Campbell

Tom Campbell

This article responds to John Kirkwood’s Collusion to Control a Powerful Customer: Amazon, E-Books, and Antitrust Policy. Professor Kirkwood argued that in a monopsonistic market (i.e., one where there exists one powerful buyer and many less powerful sellers), or a market in which a buyer has significantly more power than the sellers, collusion on the part of the sellers might be justified, and ought to be a defense to antitrust claims, under certain conditions. This article summarizes Kirkwood’s proposed requirements for invoking this defense and argues that they are overly prescriptive, failing to allow certain instances of beneficial collusion, imposing …

La Cessione Dei Diritti Audiovisivi Del Campionato Di Calcio Di Serie A, Tra Regolazione Procompetitiva E Tutela Della Concorrenza), Federico Ghezzi, Mariateresa Maggiolino

federico ghezzi

In this paper we examine the Italian rules governing the selling of media “premium” rights by the Italian professional Soccer League. These rights are currently commercialized centrally, i.e. by the League itself for a three years period. We argue that in light of technological evolution and convergence, the practice of selling these rights “per platform” and according to a “no single buyer rule” may harm dynamic efficiency. Interplatform distribution exclusivity should thus prevail, unless these rights were to be considered not only significant in terms of audience and advertisement, but as an essential facility for downstream pay-Tv markets. In this …

The Antitrust Implications Of Collaborative Standard Setting By Insurers Regarding The Use Of Genetic Information In Life Insurance Underwriting, Robert H. Jerry Ii

Robert H. Jerry II

Whenever two or more market participants collaborate to restrain trade, the potential applicability of federal and state antitrust laws must be considered. When the collaborating parties are insurance companies, a further layer of analysis may be necessary to determine whether the activity is exempt from federal antitrust regulation. Even if the activity enjoys an exemption, state antitrust law may have different things to say about the activity. Embedded in each of these levels of analysis are many difficult and complex subsidiary questions. In short, the law of insurance antitrust is not a subject for the faint of heart. Antitrust law …

The Gary Dinners And The Meaning Of Concerted Action, William H. Page

William H. Page

Between 1907 and 1911, executives of American steel manufacturers gathered in a series of social events and meetings that became known as the Gary dinners. Their founder, Judge Elbert H. Gary, chairman of the board of the United States Steel Corporation (U.S. Steel), believed the dinners were a lawful way to stabilize steel prices by enabling manufacturers to tell each other "frankly and freely what they were doing, how much business they were doing, what prices they were charging, how much wages they were paying their men, and... all information concerning their business." The government agreed that the dinners stabilized …

Developments In Section Two Of The Sherman Act, Joseph P. Bauer

Joseph P. Bauer

The issues raised in this Symposium are of great interest and timeliness. During the 1940s and 1950s, the Supreme Court explored the role of Section 2 of the Sherman Act as an essential element in the antitrust regime. As was true with antitrust generally, courts expanded the reach of Section 2, frequently concluding that the complained-of conduct constituted unlawful monopolization or attempts to monopolize, and approving injunctions forbidding the continuation of exclusionary or predatory practices and orders leading to the breakup of the monopoly itself. However, after the Grinnell decision in 1966, and the Otter Tail case almost a decade …

Competition At The Teller's Window?: Altered Antitrust Standards For Banks And Other Financial Institutions, Joseph P. Bauer, Earl W. Kintner

Joseph P. Bauer

Congressional and judicial attitudes towards the banking industry have reflected two, sometimes conflicting, goals-the maintenance of the solvency of financial institutions to protect the interests of depositors, other creditors and the economy at large; and the promotion of competition among these institutions and in the economy. The advancement of these goals has been reflected in the application of the antitrust laws to the industry. For the most part, the Sherman and Clayton Acts apply with the same force and scope to financial institutions as to other industries. In some cases, however, the goal of institutional protection is favored, and the …

The Stealth Assault On Antitrust Enforcement: Raising The Barriers For Antitrust Injury And Standing, Joseph P. Bauer

Joseph P. Bauer

The first Annual Conference sponsored by the American Antitrust Institute featured a number of prominent speakers and explored a number of important issues. The Conference had two principal focuses: substantive questions of antitrust liability and the future direction of public enforcement of the antitrust laws by the Department of Justice's Antitrust Division and by the Federal Trade Commission. However, an issue of at least equal importance was barely discussed, although it has seriously affected the scope and direction of the antitrust laws. That issue: Private enforcement of the antitrust laws, and the significant undermining of those efforts by a number …

Application Of The Antitrust Laws To The Activities Of Insurance Companies: Heavier Risks, Expanded Coverage, And Greater Liability, Joseph Bauer, Earl W. Kintner, Michael J. Allen

Joseph P. Bauer

Since 1945 Congress has exempted certain activities of insurance companies from federal antitrust scrutiny. This exemption, provided by the McCarran-Ferguson Act, is not unqualified; it only applies to insurance company activities that constitute the "business of insurance" and that already are regulated under state law. Moreover, the exemption does not apply to activities that involve boycotts, coercion, or intimidation. The purpose of this exemption was to preserve the long tradition of state regulation of insurance, while providing federal remedies for coercive anticompetitive activities. The authors examine recent Supreme Court interpretations of the Act in light of this legislative policy and …

The Corporate Antitrust Audit - Establishing A Document Retention Program, Sheldon S. Toll, Joseph P. Bauer

Joseph P. Bauer

No abstract provided.

Fundamentos De La Aplicación Pública Del Derecho De La Competencia, Camilo Ossa

Camilo Ossa

This paper aims to focus attention on one of the essential aspects of antitrust law in Colombia, like its public enforcement, or in other words, the power of the State, delegated by law to the Superintendency of Industry and Commerce as the national authority on competition-this according to the provisions of article 6 of Law 1340 of 2009 - to advance administrative investigations aimed to punish those people, natural or legal entities that violate the provisions of the relevant legislation in order to safeguard rights such as freedom of competition, efficiency in markets, free enterprise, economic freedom and ultimately to …

Increased Market Power As A New Secondary Consideration In Patent Law, Andrew Blair-Stanek

Andrew Blair-Stanek

Courts have developed nine non-technical secondary considerations to help juries and judges in patent litigation decide whether a patent meets the crucial statutory requirement of being non-obvious. This article proposes a new, tenth secondary consideration: increased market power. If a patent measurably increases its holders’ market power, that should weigh in favor of finding the patent non-obvious. This new secondary consideration incorporates the predictive benefits of several existing secondary considerations, while increasing the accuracy and availability of evidence for fact-finders to determine whether a patent is non-obvious.

The Sherman Act And The Balance Of Power, David K. Millon

David K. Millon

None available.

Eu Concerted Practices & Us Concerted Actions: Beyond William H. Page’S Proposal, Federico Ghezzi, Mariateresa Maggiolino

mariateresa maggiolino

The recent analysis developed by professor William H. Page on the US notion of concerted actions raised the idea to develop an article that exams in-death the EU meaning of concerned practices and that skein of US doctrines that focus on several phenomena running from facilitating practices to invitations to collude, plus factors and agreements to exchange information. According to professor Page, the current definition of concerted actions misses the opportunity to use inter-firm communications as the discriminating factor between cases of collusive pricing practices and cases of interdependent parallel behaviors that result in the same market price. To the …

The Sherman Act And The Balance Of Power, David K. Millon

David K. Millon

None available.

Competitive Entertainment: Implications Of The Nfl Lockout Litigation For Sports, Theatre, Music, And Video Entertainment, Henry H. Perritt Jr.

Henry H. Perritt, Jr.

The 2011 NFL lockout reveals profound changes in the labor and product markets for the entire entertainment industry, driven by a revolution in technology. This article explores the revolution in the professional sports, theatre, and movie-making industries and concludes that it is fragmenting production, blurring the boundaries between labor markets and product markets, and introducing new forms of competition. As a result, the labor exemptions to the antitrust laws, which featured prominently in the NFL controversy are becoming less relevant, shifting the law's policing of competition to antitrust rule-of-reason analysis, where counterpoises such as labor unions are inactive, and making …

To Share Or Not To Share: Revenue Sharing Structures In Professional Sports, Justin R. Hunt

Justin R Hunt

To Share Or Not To Share: Revenue Sharing Structures In Professional Sports Since the creation of profit-sharing by the American Football League in 1959, professional sports leagues have relied on revenue sharing to promote competitive balance among member organizations, despite varying economic conditions and market capacities. Every league acknowledges that the purpose of a revenue sharing agreement is to allow a closer range of payroll spending that might otherwise not be accomplished, preventing large market teams from controlling the allocation of high-priced free agents. These revenue sharing arrangements rely on the collaborative efforts of league members to maximize revenue from …

Targeted Reform Of Commercialized Intercollegiate Athletics, Matt Mitten, Jim Musselman, Bruce Burton

Matt Mitten

This article observes that American society’s passion for intercollegiate sports competition is an extremely powerful, naturally evolved cultural force. The marketplace responds to cultural forces, and the commercialization of college sports directly reflects the marketplace realities of our society. For example, colleges and universities rationally utilize their intercollegiate athletic programs, particularly NCAA Division 1 FBS football and basketball, as a means to achieve a wide range of legitimate objectives of higher education. Thus, the authors advocate that university athletic department revenues should continue to be exempt from federal taxation, specifically the unrelated business income tax (UBIT), despite the increasingly commercialized …

Patent Dispute Identification In China :Harmony Between The Protection And Restraint, Dong Zhang

Dr. Dong Zhang

How to keep a balance between restraining patent abuse and weakening local intervention has been a global issue, especially in such developing countries as China, while meeting a serious challenge of intellectual property protection. This article argues that patent right is definitely a kind of property, which must remain fully within the reach of antitrust law and it is against regulating special independent provisions in the drafted Chinese antitrust law to emphasize unduly on IP abuse. This requires an inquiry into intent that is consistent with antitrust essentials and preserves legitimate patent claims.

Patent Dispute Identification In China :Harmony Between The Protection And Restraint, Dong Zhang

Dr. Dong Zhang

How to keep a balance between restraining patent abuse and weakening local intervention has been a global issue, especially in such developing countries as China, while meeting a serious challenge of intellectual property protection. This article argues that patent right is definitely a kind of property, which must remain fully within the reach of antitrust law and it is against regulating special independent provisions in the drafted Chinese antitrust law to emphasize unduly on IP abuse. This requires an inquiry into intent that is consistent with antitrust essentials and preserves legitimate patent claims.

Patent Dispute Identification In China:Harmony Between The Protection And Restraint, Dong Zhang

Dr. Dong Zhang

How to keep a balance between restraining patent abuse and weakening local intervention has been a global issue, especially in such developing countries as China, while meeting a serious challenge of intellectual property protection. This article argues that patent right is definitely a kind of property, which must remain fully within the reach of antitrust law and it is against regulating special independent provisions in the drafted Chinese antitrust law to emphasize unduly on IP abuse. This requires an inquiry into intent that is consistent with antitrust essentials and preserves legitimate patent claims.

Patent Dispute Identification In China: Harmony Between The Protection And Restraint, Dong Zhang

Dr. Dong Zhang

How to keep a balance between restraining patent abuse and weakening local intervention has been a global issue, especially in such developing countries as China, while meeting a serious challenge of intellectual property protection. This article argues that patent right is definitely a kind of property, which must remain fully within the reach of antitrust law and it is against regulating special independent provisions in the drafted Chinese antitrust law to emphasize unduly on IP abuse. This requires an inquiry into intent that is consistent with antitrust essentials and preserves legitimate patent claims.

Passivo Concorrencial: Comprando Um Problema, Ivo T. Gico

Ivo Teixeira Gico Jr.

O presente artigo visa a analisar como a questão concorrencial pode afetar severamente a avaliação de ativos financeiros adquiridos, tendo como pano de fundo o caso da condenação do Sindipedras e outras 18 empresas do setor de mineração por formação de cartel, o primeiro caso de cartel efetivamente punido no Brasil.

This paper aims to examine how the competitive issue may severely affect the valuation of financial assets, having as background the case of the condemnation of Sindipedras and 18 mining industry companies for the cartels practice, the first cartel case effectively punished in Brazil.