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Articles 1 - 9 of 9

Full-Text Articles in Law

Federal Antitrust Law : A Treatise On The Antitrust Laws Of The United States, Joseph P. Bauer, Earl W. Kintner., William P. Kratzke Oct 2016

Federal Antitrust Law : A Treatise On The Antitrust Laws Of The United States, Joseph P. Bauer, Earl W. Kintner., William P. Kratzke

Joseph P. Bauer

No abstract provided.


The Customer Is Not Always Right: Balancing Worker And Customer Welfare In Antitrust Law, Clayton J. Masterman Oct 2016

The Customer Is Not Always Right: Balancing Worker And Customer Welfare In Antitrust Law, Clayton J. Masterman

Vanderbilt Law Review

This Note analyzes how courts' leniency affects a particular category of anticompetitive buyer conduct: agreements between employers that restrict competition in labor markets. If, as courts and commentators generally agree, the goal of antitrust law is to promote the welfare of consumers, how should courts balance the welfare of workers and customers under antitrust analysis? Arguably, worker welfare should be included in consumer welfare. If so, anticompetitive agreements between employers benefit one subset of consumers (customers), while hurting another subset (workers). The persistent procustomer and antiworker effect of such complicates a court's choice to find conduct per se unreasonable or …


Patent Privateers And Antitrust Fears, Matthew Sipe Jul 2016

Patent Privateers And Antitrust Fears, Matthew Sipe

Michigan Telecommunications & Technology Law Review

Patent trolls are categorically demonized as threatening American innovation and industry. But whether they are a threat that antitrust law is equipped to deal with is a complex question that depends on the particular type of patent troll and activities they engage in. This Article looks specifically at privateer patent trolls: entities that acquire their patents from operating entities and assert them against other industry members. In the particular context of privateering, antitrust law is almost certainly not the proper legal solution. Privateering does raise significant issues: circumventing litigation constraints, evading licensing obligations, and raising the cost and frequency of …


Scalia And Antitrust, Keith N. Hylton Jul 2016

Scalia And Antitrust, Keith N. Hylton

Faculty Scholarship

Ask almost anyone in Massachusetts, or in any other predominantly liberal American state, what they think about Justice Antonin Scalia, and you are bound to hear comments, not a few of them derisory, about original intent as an approach to constitutional law. This was true long before his death on February 13, 2016, and is still true today. The theory of originalism, the notion that the Constitution should be interpreted in accordance with the intent of its framers, had become so closely associated with Scalia that the man had become the living embodiment of the theory.


Writing Better Jury Instructions: Antitrust As An Example, Joshua P. Davis, Shannon Wheatman, Cristen Stephansky Mar 2016

Writing Better Jury Instructions: Antitrust As An Example, Joshua P. Davis, Shannon Wheatman, Cristen Stephansky

Joshua P. Davis

Understanding the law is difficult. Getting juries to understand the law is more difficult. Yet we provide evidence that it can be done, even in complex areas such as antitrust. This Article tests whether jury instructions can be written in a way that maintains fidelity to the law—indeed, improves on fidelity to the law compared to standard jury instructions—while also permitting jurors to understand the relevant legal standards. But it goes further than that. It proposes making empirical testing an integral part of drafting model jury instructions. It also shows that such empirical testing is feasible by harnessing the power …


Antitrust In Zero-Price Markets: Applications, John M. Newman Jan 2016

Antitrust In Zero-Price Markets: Applications, John M. Newman

Articles

"Free" products have exploded in popularity along with widespread Internet adoption-but many of them are not truly free. Customers often trade their attention or personal information to access zero-price products. This exchange dynamic brings zero-price markets within the scope of antitrust law. But despite the critical role that such markets now play in modern economies, the antitrust enterprise has largely failed to account for their unique attributes.

In response, this Article undertakes two primary tasks. The first is to address particular areas of current antitrust doctrine that require revision or reinterpretation in the face of zero prices. Topics addressed include …


Recalling First Principles: The Importance Of Comity In Avoiding Antitrust Imperialism, J. Franck Hogue Jan 2016

Recalling First Principles: The Importance Of Comity In Avoiding Antitrust Imperialism, J. Franck Hogue

Washington and Lee Law Review

No abstract provided.


In Need Of Direction: An Evaluation Of The "Direct Effect" Requirement Under Foreign Trade Antitrust Improvements Act, Claire L. Leonard Jan 2016

In Need Of Direction: An Evaluation Of The "Direct Effect" Requirement Under Foreign Trade Antitrust Improvements Act, Claire L. Leonard

Washington and Lee Law Review

No abstract provided.


The Meaning Of "Direct" Effect On Domestic Commerce Under The Foreign Trade Antitrust Improvements Act, John J. Miles Jan 2016

The Meaning Of "Direct" Effect On Domestic Commerce Under The Foreign Trade Antitrust Improvements Act, John J. Miles

Washington and Lee Law Review

No abstract provided.