Law Commons^™

Antitrust Or Industrial Protectionism? Emerging International Issues In China's Anti-Monopoly Law Enforcement Efforts, Thomas J. Horton

Thomas J. Horton

Efficiencies And Antitrust Reconsidered: An Evolutionary Perspective, Thomas J. Horton

Thomas J. Horton

The author reconsiders the issue of efficiencies and antitrust from the perspectives of evolutionary biology and the growing field of evolutionary economics. He begins by discussing how the term efficiency as currently used in antitrust today is more of a term of social science and economic ideology than a meaningful scientific concept. He then moves on to address how the lessons of evolutionary biology and economics, including the need for systemic diversity and unremitting competition at all systemic levels, can be applied to structural antitrust and efficiencies analyses. The author concludes that it is time to bring fresh perspectives to …

Teaching America's Antitrust Laws And Their Enforcement, Thomas J. Horton

Thomas J. Horton

No abstract provided.

Confucianism And Antitrust: China's Emerging Evolutionary Approach To Anti-Monopoly Law, Thomas J. Horton

Thomas J. Horton

In August, 2007, the People’s Republic of China, through its National People’s Congress, enacted its Anti-Monopoly Law, which took effect in August, 2008. This article discusses the historical, cultural, and philosophical values that have helped to shape and influence China’s current AML. Rather than following the United States and Europe, China appears to be charting its own course in interpreting and enforcing its competition laws. Based upon China’s history, culture, and Confucian ethics and morals, this article forecasts that China’s future AML enforcement will be based upon social, moral, and ethical considerations, as well as economic ones. This article concludes …

Chapters On North Dakota And South Dakota, Thomas Horton

Thomas J. Horton

These volumes sets forth the substantive civil and criminal case law, procedure, practice, and statutes in separate chapters for each of the 50 states.

Fairness And Antitrust Reconsidered: An Evolutionary Perspective, Thomas J. Horton

Thomas J. Horton

For many American jurists and scholars, the notion that antitrust should incorporate moral norms of fairness is anathema. They believe that supposedly "non-economic goals" such as fairness have no place in America's single-minded focus on economics, consumer welfare, and allocative efficiency. This article reconsiders this position from an evolutionary perspective. After discussing the arguments for and against applying evolutionary norms of fairness in antitrust cases, the article recommends that courts and antitrust regulators begin applying an evolutionary analysis instead of the static economic consumer and total welfare norms in vogue today. The new focus would be on fairness norms, intent, …

Should The Internet Exempt The Media Sector From The Antitrust Laws? (With Robert H. Lande), Thomas J. Horton

Thomas J. Horton

No abstract provided.

Confucianism And Antitrust: China's Emerging Evolutionary Approach To Anti-Monopoly Law, Thomas J. Horton

Thomas J. Horton

No abstract provided.

Unraveling The Chicago/Harvard Antitrust Double Helix: Applying Evolutionary Theory To Guard Competitors And Revive Antitrust Jury Trials, Thomas J. Horton

Thomas J. Horton

This paper addresses the Supreme Court's current favorable view of monopolies and strong antipathy toward antitrust jury trials. The current Chicago/Harvard philosophical antitrust double helix is built around the ideas that monopolies are generally efficient and procompetitive while juries are unable to grasp complex antitrust economics. Building upon evolutionary analyses in previous papers, this article recommends a new philosophical antitrust double helix that will generate increased enforcement of and compliance with the language and spirit of sections 2 of the Sherman Act and 7 of the Clayton Act. The article recommends that we reform the misappropriated and misapplied "protect competition, …

The New United States Horizontal Merger Guidelines: Devolution, Evolution, Or Counterrevolution?, Thomas J. Horton

Thomas J. Horton

No abstract provided.

The Coming Extinction Of Homo Economicus And The Eclipse Of The Chicago School Of Antitrust: Applying Evolutionary Biology To Structural And Behavioral Antitrust Analyses, Thomas J. Horton

Thomas J. Horton

Fixing Merger Litigation "Fixes": Reforming The Litigation Of Proposed Merger Remedies Under Section 7 Of The Clayton Act, Thomas J. Horton

Thomas J. Horton

No abstract provided.

Antitrust And Associations Handbook (Contributing Author), Thomas Horton

Thomas J. Horton

No abstract provided.

A Comparison Of Merger Remedies In The U.S. And Eu, Thomas J. Horton

Thomas J. Horton

No abstract provided.

Competition Or Monopoly? The Implications Of Complexity Science, Chaos Theory, And Evolutionary Biology For Antitrust Competition Policy, Thomas J. Horton

Thomas J. Horton

No abstract provided.

The Lessons Of Covisint: Regulating B2bs Under European And American Competition Laws, Thomas J. Horton

Thomas J. Horton

No abstract provided.