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Full-Text Articles in Law
Market Power Without Market Definition, Daniel A. Crane
Market Power Without Market Definition, Daniel A. Crane
Notre Dame Law Review
Antitrust law has traditionally required proof of market power in most cases and has analyzed market power through a market definition/market share lens. In recent years, this indirect or structural approach to proving market power has come under attack as misguided in practice and intellectually incoherent. If market definition collapses in the courts and antitrust agencies, as it seems poised to do, this will rupture antitrust analysis and create urgent pressures for an alternative approach to proving market power through direct evidence. None of the leading theoretic approaches—such as the Lerner Index or a search for supracompetitive profits—provides a robust …
Analyzing The Scope Of Major League Baseball's Antitrust Exemption In Light Of San Jose V. Office Of The Commissioner Of Baseball, Justin B. Bryant
Analyzing The Scope Of Major League Baseball's Antitrust Exemption In Light Of San Jose V. Office Of The Commissioner Of Baseball, Justin B. Bryant
Notre Dame Law Review
San Jose's antitrust suit against Major League Baseball renews the challenge of defining the scope and applicability of the baseball antitrust exemption and the struggle to sort through the lower court precedent to arrive at a workable standard for the exemption. This Note will discuss the history of the exemption, the potential standards for applying the exemption, and analyze Judge Whyte's order dismissing San Jose's antitrust claims in City of San Jose v. Office of the Commissioner of Baseball to determine the persuasiveness the court's opinion may have going forward as well as potential issues with the court's reasoning.
Policing The Firm, D. Daniel Sokol