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Full-Text Articles in Law

Local Government Action And Antitrust Policy: An Economic Analysis, Timothy J. Brennan, Timothy J. Brennan, Timothy J. Brennan, Timothy J. Brennan Jan 1984

Local Government Action And Antitrust Policy: An Economic Analysis, Timothy J. Brennan, Timothy J. Brennan, Timothy J. Brennan, Timothy J. Brennan

Fordham Urban Law Journal

At least partly as a result of the Supreme Court decision in Community Communications Co. v. City of Boulder, cities are facing antitrust challenges to their rights to franchise cable television systems. Other municipal activities have been similarly challenged. The prospect of costly and uncertain antitrust litigation challenging local government actions will restrict the scope and extent of local regulatory activity. Such restrictions could, in turn, preempt city residents' ability to choose, through their elected representatives, the goods and services they prefer. This Article proposes that as a mater of policy the burden of proving a municipal antitrust violation should …


The Effect Of Collective Bargaining On The Baseball Antitrust Exemption, Scott A. Dunn Jan 1984

The Effect Of Collective Bargaining On The Baseball Antitrust Exemption, Scott A. Dunn

Fordham Urban Law Journal

Baseball remains the only professional sport exempt from anti-trust scrutiny. Because of this unique status, baseball players have not pursued anti-trust lines of attack. Some now say that baseball players no longer need to depend on the anti-trust laws to effectuate modifications in their reserve system. Such commentators say that because of the equal bargaining strength of the parties, the labor exemption would operate to shelter from scrutiny even a term that was unilaterally imposed by the owners. In Federal Baseball Club of Baltimore, Inc. v. National League of Professional Baseball Clubs, the Supreme Court held that the baseball industry …