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Articles 1 - 19 of 19
Full-Text Articles in Law
Cable Television Regulation: Promoting Competition In A Rapidly Changing World, Edward J. Markey
Cable Television Regulation: Promoting Competition In A Rapidly Changing World, Edward J. Markey
Federal Communications Law Journal
No abstract provided.
Shifting Foundations: The Regulation Of Telecommunications In An Era Of Change, Andrew C. Barrett
Shifting Foundations: The Regulation Of Telecommunications In An Era Of Change, Andrew C. Barrett
Federal Communications Law Journal
The recent developments in the telecommunications industry represent to many the birth of the multimedia world of the future that will make available new interactive services, computer and voice applications, and programming choices. The advancements with wireless technology may also make personal communications services (PCS) a major competitor with the local telephone industry. The ramifications of these developments will depend heavily on the regulatory directions that the government selects. The Author, as Commissioner of the FCC, begins his discussion by analyzing the recent business mergers and the motivations behind them. He then reviews the 1992 Cable Act, suggesting that while …
The Cable-Telco Cross-Ownership Prohibition: First Amendment Infringement Through Obsolescence, Michael G. Oxley
The Cable-Telco Cross-Ownership Prohibition: First Amendment Infringement Through Obsolescence, Michael G. Oxley
Federal Communications Law Journal
Since 1970, the FCC has prohibited all telephone companies from providing video programming in their local service areas. The primary rationale behind this prohibition was to promote the cable industry. Since 1984, however, the cable industry has seen tremendous growth with very little competition. New technology and market demands have now necessitated a reevaluation of the ban on cable-telco cross-ownership. The Author argues that with the changes that have occurred in the marketplace, the ban is now both an invalid prior restraint and an infringement on commercial expression and thus a violation of the First Amendment rights of telephone companies. …
The Cable Act And Municipal Ownership: A Growing First Amendment Confrontation, Carl R. Ramey
The Cable Act And Municipal Ownership: A Growing First Amendment Confrontation, Carl R. Ramey
Federal Communications Law Journal
In many communities across the nation cable subscribers depend on government-owned cable television systems for their communication services. This phenomenon may have started out to be fairly insignificant, but as a result of the cable explosion, government ownership of cable systems presents a threat to free expression. Governmental overbuilding and direct competition with private cable service providers have been the subject of unsuccessful First Amendment challenges. The threat of government control of cable systems, though, is potentially dramatic and poses serious First Amendment questions. The Author concludes that private ownership should be encouraged, and public ownership should only be allowed …
Reinventing Rate Regulation, Nicholas W. Allard
Reinventing Rate Regulation, Nicholas W. Allard
Federal Communications Law Journal
One of the fundamental purposes of the 1992 Cable Act was to bring about a reduction in consumer cable prices by eliminating the ability of cable companies to charge monopoly rates. While the goal may have been to decrease rates, complaints have poured into Congress claiming that since the passage of the Act, rates have actually increased. The Author explores the Act's goal of reintroducing effective competition while reregulating cable rates in the interim. He examines the details of the regulation and concludes by discussing the options that should be considered by Congress and the FCC when reevaluating the 1992 …
The Television Violence Act Of 1990: A New Program For Government Censorship?, Julia W. Schlegel
The Television Violence Act Of 1990: A New Program For Government Censorship?, Julia W. Schlegel
Federal Communications Law Journal
The Television Violence Act of 1990 is designed to encourage the networks, the cable industry, and independent stations to reduce the amount of violence currently shown on television. To accomplish this goal, the Act grants a three-year antitrust exemption to the television industry so that it may meet and develop joint standards aimed at reducing the amount of violence currently shown on television. The Act's sponsor, Senator Paul Simon, emphasized that the Act simply encouraged the broadcast industry to set standards; it did not require them to do so. However, in December 1992, when the television industry had still not …
Fraudulent Concealment, Self-Concealing Conspiracies, And The Clayton Act, Richard F. Schwed
Fraudulent Concealment, Self-Concealing Conspiracies, And The Clayton Act, Richard F. Schwed
Michigan Law Review
This Note argues that courts should apply a self-concealment standard to section 4B of the Clayton Act rather than require a showing of additional affirmative acts. Part I examines the history of the fraudulent concealment doctrine and its application to antitrust cases. It identifies three different standards used by courts to satisfy the concealment element and finds that courts apply the doctrine inconsistently. Part II analyzes the relationship between the fraudulent concealment doctrine and the self-concealment standard in antitrust cases by examining the judicial development of the doctrine and Congress' intent in enacting section 4B. Part II concludes that the …
Antitrust, Michael Eric Ross
Antitrust, Michael Eric Ross
Mercer Law Review
The Eleventh Circuit handed down only two antitrust decisions in 1992. It was by far the lowest number of antitrust cases in any calendar year since the court was created in 1981. Nonetheless, both antitrust opinions last year were solidly reasoned and squarely in line with the current state of antitrust law.
Reforming Fcc Regulation Of Dominant Telephone Carriers: Putting Some Teeth Into The Test For Predation, Thomas K. Gump
Reforming Fcc Regulation Of Dominant Telephone Carriers: Putting Some Teeth Into The Test For Predation, Thomas K. Gump
University of Michigan Journal of Law Reform
This Note examines the ineffective protections against predatory pricing by AT&T contained in the price cap scheme. Part I outlines price cap regulation and explains how the FCC hopes that a test based on the average variable cost standard will detect predatory pricing. Part II argues that the FCC erred in adopting an average variable cost standard as the test for telecommunications predation because that standard ignores the high fixed costs common to all firms in the industry. Part II demonstrates that AT&T could engage in predatory pricing despite the protections contained in the regulatory scheme. Part II then examines …
Antitrust In A World Of Interrelated Economies: The Interplay Between Antitrust And Trade Policies In The Us And The Eec, Alyssa A. Grikscheit
Antitrust In A World Of Interrelated Economies: The Interplay Between Antitrust And Trade Policies In The Us And The Eec, Alyssa A. Grikscheit
Michigan Law Review
A Review of Antitrust In a World of Interrelated Economies: The Interplay Between Antitrust and Trade Policies in the US and the EEC by Mário Marques Mendes
The Struggle To "Green" G.A.T.T.: Free Trade And Environmental Responsibility In The Wake Of The United States-Mexico Tuna-Dolphin Dispute, Timothy Goplerud
The Struggle To "Green" G.A.T.T.: Free Trade And Environmental Responsibility In The Wake Of The United States-Mexico Tuna-Dolphin Dispute, Timothy Goplerud
William & Mary Environmental Law and Policy Review
No abstract provided.
Public Choice, Public Interest, And The Soft Drink Interbrand Competition Act: Time To Derail The "Root Beer Express"?, Allan W. Vestal
Public Choice, Public Interest, And The Soft Drink Interbrand Competition Act: Time To Derail The "Root Beer Express"?, Allan W. Vestal
William & Mary Law Review
No abstract provided.
The Learned Profession Exemption Of The North Carolina Deceptive Trade Practices Act: The Wrong Bright Line?, Debra D. Burke
The Learned Profession Exemption Of The North Carolina Deceptive Trade Practices Act: The Wrong Bright Line?, Debra D. Burke
Campbell Law Review
This article will examine the North Carolina statute and the soundness of this exemption.
Market Power Through Imperfect Information: The Staggering Implications Of Eastman Kodak Co. V. Image Technical Services And A Modest Proposal For Limiting Them, Michael S. Jacobs
Market Power Through Imperfect Information: The Staggering Implications Of Eastman Kodak Co. V. Image Technical Services And A Modest Proposal For Limiting Them, Michael S. Jacobs
Maryland Law Review
No abstract provided.
Understanding And Defending Against Medical Professional Peer Review Antitrust Claims, Daniel M. Warner
Understanding And Defending Against Medical Professional Peer Review Antitrust Claims, Daniel M. Warner
University of Baltimore Law Review
No abstract provided.
Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski, Francis H. Casola
Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski, Francis H. Casola
University of Richmond Law Review
During the past year, Virginia's federal courts published surprisingly few antitrust opinions. These few opinions indicate fact-specific analysis and little significant development to the law. However, the decisions reflect the continued difficulties faced by private antitrust plaintiffs alleging conspiracy claims and criminal antitrust defendants prosecuted for conduct which is illegal per se. Antitrust plaintiffs, however, have enjoyed measured, if only temporary, success. For example, the United States Court of Appeals for the Fourth Circuit reversed a grant of summary judgment against a durable medical equipment company alleging monopolization claims against a hospital and its affiliated medical equipment company. In another …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Case Comments P. Monopolies Service & Training, Inc. V. Data General Corp.
Case Comments P. Monopolies Service & Training, Inc. V. Data General Corp.
Washington and Lee Law Review
No abstract provided.
Case Comments T. Trade Regulation Anheuser-Busch V. L & L Wings
Case Comments T. Trade Regulation Anheuser-Busch V. L & L Wings
Washington and Lee Law Review
No abstract provided.