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Articles 1 - 21 of 21
Full-Text Articles in Law
Regulating New Tech: Problems, Pathways, And People, Cary Coglianese
Regulating New Tech: Problems, Pathways, And People, Cary Coglianese
All Faculty Scholarship
New technologies bring with them many promises, but also a series of new problems. Even though these problems are new, they are not unlike the types of problems that regulators have long addressed in other contexts. The lessons from regulation in the past can thus guide regulatory efforts today. Regulators must focus on understanding the problems they seek to address and the causal pathways that lead to these problems. Then they must undertake efforts to shape the behavior of those in industry so that private sector managers focus on their technologies’ problems and take actions to interrupt the causal pathways. …
Antitrust And Platform Monopoly, Herbert J. Hovenkamp
Antitrust And Platform Monopoly, Herbert J. Hovenkamp
All Faculty Scholarship
Are large digital platforms that deal directly with consumers “winner take all,” or natural monopoly, firms? That question is surprisingly complex and does not produce the same answer for every platform. The closer one looks at digital platforms the less they seem to be winner-take-all. As a result, competition can be made to work in most of them. Further, antitrust enforcement, with its accommodation of firm variety, is generally superior to any form of statutory regulation that generalizes over large numbers.
Assuming that an antitrust violation is found, what should be the remedy? Breaking up large firms subject to extensive …
Law School News: 'You Have To Adapt To Survive' 11-11-2021, Michael M. Bowden
Law School News: 'You Have To Adapt To Survive' 11-11-2021, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
The Necessity In Antitrust Law, Gregory Day
The Necessity In Antitrust Law, Gregory Day
Washington and Lee Law Review
Antitrust rarely, if ever, gives primacy to a dispute’s subject matter. For instance, exclusionary conduct that raises the price of a lifesaving drug receives the same analysis as a restraint of baseball cards. Since antitrust’s purpose is to promote consumer welfare, the equal treatment of important and mundane goods might appear perplexing. After all, competition to produce affordable foods, medicines, and other necessities would seem to foster consumer welfare more than inane products do.
In fact, defendants generally win antitrust lawsuits even when monopolizing necessities because the primary method of antitrust review is notably deferential to defendants. To explain this …
A Comparative Study On Competition Laws And Practices Between Saudi Arabia And The United States, Hussain N. Agil
A Comparative Study On Competition Laws And Practices Between Saudi Arabia And The United States, Hussain N. Agil
AAU Journal of Business and Law مجلة جامعة العين للأعمال والقانون
This paper mainly compares the prevailing competition laws and practices of both the United States of America and Saudi Arabia with respect to their historical development and the legal systems of these countries. These objectives emanate from the globalization of trade and commerce, which necessitates considerable knowledge on the part of the global investors of the similarities and differences between the two countries for ease of trade. Being a comparative study, the current work adopts a comparative analysis methodology whose main objective is to evaluate the characteristics of each competition practice. Furthermore, there has been a need to reconcile the …
The Legal Nature Of Competition, Muhammad Bani Miqdad
The Legal Nature Of Competition, Muhammad Bani Miqdad
Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات
Competition is the cornerstone of the liberal market economy on essential mechanism for durability because of the various benefits it create for the different market stakeholders, including consumers and producers, and the optimum utilization of available resources. Under competition, everyone is free to practice the commercial activity he wish, to choose the place of entity and nature of activity. Competition means the free working of market mechanisms as represented by demand/supply between producers and consumers, the freedom of getting into market and trading honestly and transparently in commercial transactions. Unfair competition is when a trader follows unlawful or trickery I …
Voting Trusts And Antitrust: Rethinking The Role Of Shareholder Litigation In Public Regulation, From The 1880s To The 1930s, Laura Phillips Sawyer, Naomi R. Lamoreaux
Voting Trusts And Antitrust: Rethinking The Role Of Shareholder Litigation In Public Regulation, From The 1880s To The 1930s, Laura Phillips Sawyer, Naomi R. Lamoreaux
Scholarly Works
In 1903 the American Telephone and Telegraph Company (AT&T) bought a majority interest in the Kellogg Switchboard and Supply Company, allegedly with the aim of eliminating competition in the telephone business. Perhaps it is not remarkable that the Illinois Supreme Court ruled this acquisition of an Illinois corporation to be illegal. What is noteworthy, however, is that the court took this step at the behest of a group of Kellogg’s minority shareholders who had filed suit to block the deal. Judges had long responded skeptically to such actions, worried that shareholders would clog the courts with challenges to managers’ decisions …
Protecting And Fostering Online Platform Competition: The Role Of Antitrust Law, Jonathan Baker
Protecting And Fostering Online Platform Competition: The Role Of Antitrust Law, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
This essay provides a perspective on the role of antitrust law in protecting and fostering competition in the digital economy, with particular attention to online platforms. It highlights the danger of anticompetitive exclusionary conduct by dominant online platforms and describes ways that antitrust law can challenge and deter such conduct. The essay also identifies a number of difficulties that U.S. courts and enforcers face in challenging harmful exclusionary conduct by dominant platforms, and discusses some ways that regulation can supplement antitrust law in fostering competition.
Regulating The Food Truck Industry: An Illustration Of Proximity And Sanitation Regulations, Nicholas Alvarez
Regulating The Food Truck Industry: An Illustration Of Proximity And Sanitation Regulations, Nicholas Alvarez
Journal of Food Law & Policy
Manny Hernandez, a Chicago food truck owner, would wake up in the middle of the night and slowly travel by foot around downtown Chicago carrying a 200-foot rope. The rope was used to measure the distance from the doors of brick-and-mortar restaurants to possible parking locations for his food truck. A Chicago ordinance prohibited food trucks from operating within 200 feet of the front door of any brick-and-mortar restaurant. Furthermore, Manny could not just find one spot; he needed to find many spots because Chicago law also stated that food trucks were only allowed to park at one location for …
Taking It With You: Platform Barriers To Entry And The Limits Of Data Portability, Gabriel Nicholas
Taking It With You: Platform Barriers To Entry And The Limits Of Data Portability, Gabriel Nicholas
Michigan Technology Law Review
Policymakers are faced with a vexing problem: how to increase competition in a tech sector dominated by a few giants. One answer proposed and adopted by regulators in the United States and abroad is to require large platforms to allow consumers to move their data from one platform to another, an approach known as data portability. Facebook, Google, Apple, and other major tech companies have enthusiastically supported data portability through their own technical and political initiatives. Today, data portability has taken hold as one of the go-to solutions to address the tech industry’s competition concerns.
This Article argues that despite …
Can Permissionless Blockchains Avoid Governance And The Law?, Eric Alston, Wilson Law, Ilia Murtazashvili, Martin Weiss
Can Permissionless Blockchains Avoid Governance And The Law?, Eric Alston, Wilson Law, Ilia Murtazashvili, Martin Weiss
Notre Dame Journal on Emerging Technologies
Permissionless (or public) blockchain networks are a new form of decentralized private governance in the digital sphere. Though legal scholars recognize the significance of law in the use of blockchain, existing research using legal and institutional perspectives leaves blockchain governance as something of a black box. We provide a more granular analysis, finding that blockchain governance operates on four distinct levels. Governance at the protocol layer involves discrete institutional design choices intended to constrain network members’ incentives in an ongoing sense. Subsidiary governance arises from the need for communities to draft protocol updates and from the fact that governance protocol …
Charting A Different Course, Nadia Schadlow
Charting A Different Course, Nadia Schadlow
The US Army War College Quarterly: Parameters
No abstract provided.
Contested Places, Utility Pole Spaces: A Competition And Safety Framework For Analyzing Utility Pole Association Rules, Roles, And Risks, Catherine J.K. Sandoval
Contested Places, Utility Pole Spaces: A Competition And Safety Framework For Analyzing Utility Pole Association Rules, Roles, And Risks, Catherine J.K. Sandoval
Catholic University Law Review
As climate change augurs longer wildfire seasons, safe, reliable, and competitive energy and communications markets depend on sound infrastructure and well-calibrated regulation. The humble wooden utility pole, first deployed in America in 1844 to extend telegraph service, forms the twenty-first century’s technological scaffold. Utility poles are increasingly contested places where competition, safety, and reliability meet. Yet, regulators and academics have largely overlooked the risks posed by century-old private utility pole associations in California, composed of private and public utility pole owners and some entities who attach facilities to utility poles. No academic articles have examined the rules, roles, and risks …
The Prohibition Of Restrictive Trade Agreements To Competition In Accordance With Article 101 Of The Eu Agreement : Analytical Study In Light Of The Decisions Of The European Court Of Justice And The Office Of Competition Affairs Of The European Union, Mahmoud Fayyad, Dr. Rasha Hattab
The Prohibition Of Restrictive Trade Agreements To Competition In Accordance With Article 101 Of The Eu Agreement : Analytical Study In Light Of The Decisions Of The European Court Of Justice And The Office Of Competition Affairs Of The European Union, Mahmoud Fayyad, Dr. Rasha Hattab
UAEU Law Journal
The aim of this paper is to detect the general criteria and measures- adopted by the European court of justice and the European commission for competition- with regard to agreements between undertakings that may affect trade between Member States, in order to ensure internal market requirements and the protection of consumer legal interests when making market transactions. Article (101) of the European Union treaty prohibits all agreements between undertakings that may affect trade between Member States. In contrast, it does not determine how to apply and ensure this prohibition. All Arab legal systems did the same. This requires us to …
Navigating The Transition To A More Innovation-Centric Antitrust (Review Of Richard J. Gilbert, Innovation Matters), Jonathan Baker
Navigating The Transition To A More Innovation-Centric Antitrust (Review Of Richard J. Gilbert, Innovation Matters), Jonathan Baker
Book Reviews
Review of Richard J. Gilbert Innovation Matters: Competition Policy for the High-Technology Economy MIT Press 2020
Comparative Advertising And Its Legitimacy: A Comparative Legal Study, Dr. Bakhtiar Saber Bayez
Comparative Advertising And Its Legitimacy: A Comparative Legal Study, Dr. Bakhtiar Saber Bayez
UAEU Law Journal
Commercial comparative advertising is that advertising which is exposed to someone who is competitor or exposed to goods or services offered by the competitor , and that advertising will not be project unless if it was impartial and honest and does not aim to harm a third party, whether if he was merchant competitor or an ordinary consumer, that means the relationship between commercial advertising and comparative mislead the consumer is not inevitable and is not correct to connect between them in all cases, but on the contrary, we believe that the presence of commercial comparative advertising elucidate the way …
Equalizing The Playing Field: The Time Has Come For Secondary Meaning In The Making In Small Restaurant Trade Dress Infringement Cases, John Pesek
Journal of Food Law & Policy
Imagine it is opening day for your first restaurant. It has taken months, if not years, to get to this point and you have spent a lot of money in developing the menu, artist style, and feel for the restaurant. A few months after the opening of your restaurant, a competing restaurant, right down the block from your restaurant, opens its doors; its menu and overall look are virtually indistinguishable from your restaurant. You are left wondering what remedies, if any, you have as a small restaurant owner. This was the case for Chef Rebecca Charles and her Pearl Oyster …
Oligopoly Coordination, Economic Analysis, And The Prophylactic Role Of Horizontal Merger Enforcement, Jonathan Baker
Oligopoly Coordination, Economic Analysis, And The Prophylactic Role Of Horizontal Merger Enforcement, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
For decades, the major United States airlines have raised passenger fares through coordinated fare-setting when their route networks overlap, according to the United States Department of Justice. Through its review of company documents and testimony, the Justice Department found that when major airlines have overlapping route networks, they respond to rivals’ price changes across multiple routes and thereby discourage competition from their rivals. A recent empirical study reached a similar conclusion: It found that fares have increased for this reason on more than 1000 routes nationwide and even that American and Delta, two airlines with substantial route overlaps, have come …
Keeping Up: Walking With Justice Douglas, Charles A. Reich
Keeping Up: Walking With Justice Douglas, Charles A. Reich
Touro Law Review
No abstract provided.
Christianity And Antitrust, Kenneth G. Elzinga, Daniel Crane
Christianity And Antitrust, Kenneth G. Elzinga, Daniel Crane
Book Chapters
The purpose of this chapter is to consider whether the Christian faith has a nexus with the institution of antitrust. It turns out it doesn’t – and it does. For example, Christianity cannot explain why the Herfindahl–Hirschman Index is superior to the four-firm concentration ratio as a measure of industry concentration. Economics can. On the other hand, economics cannot explain why the per se rule against price-fixing is morally appropriate. The Bible can.
The Irony Of Health Care’S Public Option, Allison K. Hoffman
The Irony Of Health Care’S Public Option, Allison K. Hoffman
All Faculty Scholarship
The idea of a public health insurance option is at least a half century old, but has not yet had its day in the limelight. This chapter explains why if that moment ever comes, health care’s public option will fall short of expectations that it will provide a differentiated, meaningful alternative to private health insurance and will spur health insurance competition.
Health care’s public option bubbled up in its best-known form in California in the early 2000s and got increasing mainstream attention in the lead up to the 2010 health reform, the Patient Protection and Affordable Care Act (ACA). The …