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Full-Text Articles in Law

Post-Chicago School Paradigm Emerges: A New Foundation For Antitrust Law, Albert A. Foer, Robert H. Lande Nov 1998

Post-Chicago School Paradigm Emerges: A New Foundation For Antitrust Law, Albert A. Foer, Robert H. Lande

All Faculty Scholarship

No abstract provided.


Is International Antitrust Possible?, Andrew T. Guzman Oct 1998

Is International Antitrust Possible?, Andrew T. Guzman

Andrew T Guzman

This Article analyzes the economic incentives countries face in selecting an antitrust policy. It demonstrates that, in the presence of international trade, antitrust policies chosen by national governments will generally not lead to an outcome that is desirable from an international perspective. Professor Guzman identifies the reasons why nationally chosen policies are different from the optimal global policy and shows how the direction of the deviation from the optimal policy depends on trade patterns and the extent to which national laws are applied extraterritorially. The author concludes that, although international agreement is not impossible, the prospects for substantive cooperation on …


The Curt Flood Act Of 1998: A Hollow Gesture After All These Years?, Edmund P. Edmonds Oct 1998

The Curt Flood Act Of 1998: A Hollow Gesture After All These Years?, Edmund P. Edmonds

Journal Articles

This article discusses the Curt Flood Act of 1998 and explores the nonstatutory labor exemption the Supreme Court has applied to professional sports leagues. It also explores the likely impact of the Curt Flood Act on the rights of players or managers to use antitrust laws effectively against one another.


Internet Solutions To Consumer Protection Problems, Gregory E. Maggs Jul 1998

Internet Solutions To Consumer Protection Problems, Gregory E. Maggs

South Carolina Law Review

No abstract provided.


Measuring Market Power When The Firm Has Power In The Input And Output Markets, Keith N. Hylton, Mark Lasser Mar 1998

Measuring Market Power When The Firm Has Power In The Input And Output Markets, Keith N. Hylton, Mark Lasser

Faculty Scholarship

We examine the problem of measuring market power when the firm has monopoly power in the output market and monopsony power in the input market - a case we refer to as 'dual-market' power. We show how the Lerner index, which measures the mark-up over the marginal cost, can be modified to reflect the firm's ability to set price above the competitive level.


Recent Trends In Merger Enforcement In The United States: The Increasing Impact Of Economic Analysis, Robert H. Lande, James Langenfeld Jan 1998

Recent Trends In Merger Enforcement In The United States: The Increasing Impact Of Economic Analysis, Robert H. Lande, James Langenfeld

All Faculty Scholarship

From its modern origins more than thirty years ago federal merger policy has centered around the use of standard surrogates for market power to make presumptions about the likely effects of mergers. Since that time it has been evolving towards an increasingly complex approach as economic considerations have expanded their influence on merger policy. This trend was solidified in the 1982 revision of the Department of Justice's Merger Guidelines, accelerated by the Department of Justice and Federal Trade Commission 1992 Horizontal Merger Guidelines' increased emphasis on unilateral (as opposed to collusive) anticompetitive effects, and has reached new heights in the …


The Boeing/Mcdonnell Douglas Merger: The European Commission's Costly Failure To Properly Enforce The Merger Regulation, Jeffrey A. Miller Jan 1998

The Boeing/Mcdonnell Douglas Merger: The European Commission's Costly Failure To Properly Enforce The Merger Regulation, Jeffrey A. Miller

Maryland Journal of International Law

No abstract provided.


Uneasy Labeling, Deborah A. Widiss Jan 1998

Uneasy Labeling, Deborah A. Widiss

Articles by Maurer Faculty

No abstract provided.


Extraterritorial Application Of Antitrust Laws And The U.S.-Eu Dispute Over The Boeing And Mcdonnell Douglas Merger: From Comity To Conflict? An Argument For A Binding International Agreement On Antitrust Enforcement And Dispute Resolution Jan 1998

Extraterritorial Application Of Antitrust Laws And The U.S.-Eu Dispute Over The Boeing And Mcdonnell Douglas Merger: From Comity To Conflict? An Argument For A Binding International Agreement On Antitrust Enforcement And Dispute Resolution

San Diego Law Review

Due to the increase of "mega-mergers" between corporations trying to compete in the global economy, cross-border regulation of mergers and acquisitions by both the United States and the European Union has become much more common. 5 Until recently, such reviews and regulatory acts by foreign regulators only rarely caused trade disputes or tensions in diplomatic relations.' In order to maintain cooperation and prevent serious disputes over regulation of each other's domestic corporations, the United States and the European Union entered into an agreement on the application of antitrust laws in 1991.


Et Tu Judge Bork Will Solipsism Destroy Conservative Ideology?, Sol Wachtler, David S. Gould Jan 1998

Et Tu Judge Bork Will Solipsism Destroy Conservative Ideology?, Sol Wachtler, David S. Gould

Touro Law Review

No abstract provided.


Striking A Delicate Balance: Intellectual Property, Antitrust, Contract And Standardization In The Computer Industry, Maureen A. O'Rourke Jan 1998

Striking A Delicate Balance: Intellectual Property, Antitrust, Contract And Standardization In The Computer Industry, Maureen A. O'Rourke

Faculty Scholarship

Shortly before the Second Intermational Harvard Conference on Internet & Society, the Department of Justice ("DOJ") brought a widely publicized suit against the Microsoft Corporation. In its complaint, the DOJ charged Microsoft with engaging in a variety of antitrust wrongs connected with its alleged monopoly position in the market for personal computer ("PC") operating system software. The Conference panel on Antitrust and the Internet, which had planned to focus on how antitrust law affects standard-setting efforts and the implications for the Intermet, quickly abandoned that topic in favor of discussion of the Microsoft suit.


Recent Initiatives In Antitrust Enforcement, Aaron S. Edlin Dec 1997

Recent Initiatives In Antitrust Enforcement, Aaron S. Edlin

Aaron Edlin

No abstract provided.