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Articles 1 - 16 of 16

Full-Text Articles in Law

Antitrust Standing In Private Merger Cases: Reconciling Private Incentives And Public Enforcement Goals, Joseph F. Brodley Oct 1995

Antitrust Standing In Private Merger Cases: Reconciling Private Incentives And Public Enforcement Goals, Joseph F. Brodley

Michigan Law Review

This article examines a vital problem of private antitrust enforcement - the standing of private merger litigants - where the unresolved tension between public antitrust goals and the private interests of litigants threatens enforcement breakdown. Private merger enforcement is at risk not because courts have determined that such enforcement is undesirable, but because courts have failed to see the problem as an issue of systems design requiring effective integration of public and private enforcement. Instead they have focused on particular elements of antitrust standing - feared abuses by wrongly motivated plaintiffs - neglecting system-wide effects and jeopardizing the health of …


Balancing Federalism And Free Markets: Toward Renewed Antitrust Policing, Privatization, Or A "State Supervision" Screen For Municipal Market Participant Conduct, James Ponsoldt Jul 1995

Balancing Federalism And Free Markets: Toward Renewed Antitrust Policing, Privatization, Or A "State Supervision" Screen For Municipal Market Participant Conduct, James Ponsoldt

Scholarly Works

The past decade has witnessed an historic rejection of state control of markets in eastern Europe. Expansion of domestic antitrust immunity policy toward municipal businesses based upon federalism concerns, however, which occurred during the same period, has fostered autonomous governmental control of markets. The judicial application of the Parker doctrine to local government has tended to contradict the premise underlying several generations of U.S. foreign policy designed to support emerging competitive market economies outside the country. Academic analysis of the Parker doctrine during the 1980s was heated and creative. A number of commentators, with varying viewpoints, have addressed the bases …


Telecommunications In Transition: Unbundling, Reintegration, And Competition, David J. Teece Jun 1995

Telecommunications In Transition: Unbundling, Reintegration, And Competition, David J. Teece

Michigan Telecommunications & Technology Law Review

The world economy is experiencing a technological revolution, fueled by rapid advances in microelectronics, optics, and computer science, that in the 1990s and beyond will dramatically change the way people everywhere communicate, learn, and access information and entertainment. This technological revolution has been underway for about a decade. The emergence of a fully-interactive communications network, sometimes referred to as the "Information Superhighway," is now upon us. This highway, made possible by fiber optics and the convergence of several different technologies, is capable of delivering a plethora of new interactive entertainment, informational, and instructional services that are powerful and user-friendly. The …


Strategic Alliances: Emerging Trends In Future Corporate Business, Naresh Menghraj Gehi Jan 1995

Strategic Alliances: Emerging Trends In Future Corporate Business, Naresh Menghraj Gehi

LLM Theses and Essays

A strategic alliance is an arrangement for economic collaboration between firms at the same level of distribution, involving an exchange of critical skills aimed at buffering the core business strategy, technology, or markets of the partners. Research indicates that the care and thought of the strategic alliance partners increases with the importance of the venture to the strategic objectives of the entity. This paper describes the importance of strategic alliances in today’s competitive world. It examines the benefits of entering into strategic alliances, the legal implications of strategic alliances, and various industries where strategic alliances are dominant. Finally, this paper …


Fringe Firms And Incentives To Innovate, Jonathan Baker Jan 1995

Fringe Firms And Incentives To Innovate, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Vexatious Litigation As Unfair Competition And The Applicability Of The Noerr-Pennington Doctrine, Robert L. Tucker Jan 1995

Vexatious Litigation As Unfair Competition And The Applicability Of The Noerr-Pennington Doctrine, Robert L. Tucker

Akron Law Faculty Publications

No abstract provided.


European Competition Law: Managing The "Chameleon" Of Antitrust - Technology Joint Ventures, A. Lynne Puckett Jan 1995

European Competition Law: Managing The "Chameleon" Of Antitrust - Technology Joint Ventures, A. Lynne Puckett

Maryland Journal of International Law

No abstract provided.


Nfl Network Blackouts: Old Law Meets New Technology With The Advent Of The Satellite Dish, Alan Fecteau Jan 1995

Nfl Network Blackouts: Old Law Meets New Technology With The Advent Of The Satellite Dish, Alan Fecteau

Marquette Sports Law Review

No abstract provided.


The Amateur Sports Draft: The Best Means To The End?, Jeffrey A. Rosenthal Jan 1995

The Amateur Sports Draft: The Best Means To The End?, Jeffrey A. Rosenthal

Marquette Sports Law Review

No abstract provided.


Reconsidering Flood V. Kuhn, Stephen F. Ross Jan 1995

Reconsidering Flood V. Kuhn, Stephen F. Ross

Journal Articles

Within the academia, two very different groups of legal scholars have devoted a great deal of attention to Flood v. Kuhn. Those specializing in sports law have either attached Flood as a ridiculous decision that improperly distinguished between baseball and other professional sports, or have praised it for waging guerrilla warfare on the idea that Section 1 of the Sherman Act should apply to intra-league arrangements by owners of the professional sports teams. Those viewing Flood through the lens of statutory interpretation perceive the decision as adhering rigidly to the principle of stare decisis; this rigidity has been …


Vexatious Litigation As Unfair Competition And The Applicability Of The Noerr-Pennington Doctrine, Robert L. Tucker Jan 1995

Vexatious Litigation As Unfair Competition And The Applicability Of The Noerr-Pennington Doctrine, Robert L. Tucker

Robert L Tucker

No abstract provided.


Assessing The Risks Of Competitive Intelligence Activities Under The Antitrust Laws, Anthony J. Dennis Jan 1995

Assessing The Risks Of Competitive Intelligence Activities Under The Antitrust Laws, Anthony J. Dennis

South Carolina Law Review

No abstract provided.


Recent Antitrust Developments And A Selective Antitrust Perspective Of The Information Superhighway, Stewart A. Pomerantz Jan 1995

Recent Antitrust Developments And A Selective Antitrust Perspective Of The Information Superhighway, Stewart A. Pomerantz

Fordham Law Review

No abstract provided.


Antitrust Safety Zones For Physician Network Joint Ventures: Physician, Heal Thyself, Eric Scott Fisher Jan 1995

Antitrust Safety Zones For Physician Network Joint Ventures: Physician, Heal Thyself, Eric Scott Fisher

Oklahoma Law Review

No abstract provided.


Is This The Bottom Of The Ninth For Baseball's Antitrust Exemption - A Proposed Removal Of The Exemption And Analysis Of Player Restraints In An Exemption-Free Environment, Brian F. Zeck Jan 1995

Is This The Bottom Of The Ninth For Baseball's Antitrust Exemption - A Proposed Removal Of The Exemption And Analysis Of Player Restraints In An Exemption-Free Environment, Brian F. Zeck

Cleveland State Law Review

This note will describe the creation and development of the antitrust exemption granted to Major League Baseball and the continuing vitality of that exemption with respect to labor relations. Part I will detail the creation of the antitrust exemption, the tests articulated by the Supreme Court to determine whether a particular industry violates the antitrust laws, an application of those tests to baseball, and the possibility of finally removing this exemption through legislation in order to bring the law for the industry of baseball into line with other industries. Part II will discuss how the antitrust laws and labor laws …


Regulating For Efficiency In Health Care Through The Antitrust Laws, Thomas L. Greaney Jan 1995

Regulating For Efficiency In Health Care Through The Antitrust Laws, Thomas L. Greaney

All Faculty Scholarship

The need to evaluate the competitive consequences of cooperation among rivals has long posed a dilemma for antitrust enforcement. Collaboration can reduce rivalry, raise prices and otherwise reduce consumer welfare; at the same time cooperation among rivals carries the promise of creating cost savings, correcting market failures and producing other benefits. In many cases antitrust doctrine requires a balancing of the positive and negative effects of coordination. In health care, federal antitrust enforcement agencies have increasingly turned to regulatory tools including policy statements, advisory opinions, speeches and regulatory decrees settling cases to strike this balance. However, the agencies have paid …