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Full-Text Articles in Law

Re: Commission's Request For Comments On The Use Of Disgorgement In Antitrust Matters, Robert H. Lande Mar 2002

Re: Commission's Request For Comments On The Use Of Disgorgement In Antitrust Matters, Robert H. Lande

All Faculty Scholarship

This is a submission to the FTC that discusses this agency's use of disgorgement as a remedy in Antitrust matters. It strongly supports the Commission's use of the disgorgement remedy, and gives reasons why the public interest would be enhanced if the agency used this remedy more often. This document was submitted on behalf of the American Antitrust Institute.


Mavericks, Mergers, And Exclusion: Proving Coordinated Competitive Effects Under The Antitrust Laws, Jonathan Baker Jan 2002

Mavericks, Mergers, And Exclusion: Proving Coordinated Competitive Effects Under The Antitrust Laws, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Recording Industry, Minimum Advertised Pricing Policies And Non-Price Vertical Restraints Of Trade, M. Courtney Mccormick Jan 2002

The Recording Industry, Minimum Advertised Pricing Policies And Non-Price Vertical Restraints Of Trade, M. Courtney Mccormick

Vanderbilt Journal of Entertainment & Technology Law

This Note argues that the recording industry's cooperative advertising programs do not run afoul of federal antitrust laws and, in fact, promote interbrand competition. It examines the implications of the cooperative advertising programs adopted by record companies in light of current federal antitrust law. Contrary to claims made by the FTC, the recording industry's actions can withstand antitrust scrutiny because Minimum Advertised Pricing ("MAP") policies serve pro-competitive business purposes. As will be discussed in further detail below, the recording industry has a legitimate interest in pursuing policies that help traditional music retailers stay in business in the face of crippling …