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Full-Text Articles in Law

Antitrust Antitextualism, Daniel A. Crane Mar 2021

Antitrust Antitextualism, Daniel A. Crane

Articles

Judges and scholars frequently describe antitrust as a common-law system predicated on open-textured statutes, but that description fails to capture a historically persistent phenomenon:judicial disregard of the plain meaning of the statutory texts and manifest purposes of Congress. This pattern of judicial nullification is not evenly distributed: when the courts have deviated from the plain meaning or congressional purpose, they have uniformly done so to limit the reach of antitrust liability or curtail the labor exemption to the benefit of industrial interests. This phenomenon cannot be explained solely or even primarily as a tug-of-war between a progressive Congress and ...


Antitrust Changeup: How A Single Antitrust Reform Could Be A Home Run For Minor League Baseball Players, Jeremy Ulm Oct 2020

Antitrust Changeup: How A Single Antitrust Reform Could Be A Home Run For Minor League Baseball Players, Jeremy Ulm

Dickinson Law Review

In 1890, Congress passed the Sherman Antitrust Act to protect competition in the marketplace. Federal antitrust law has developed to prevent businesses from exerting unfair power on their employees and customers. Specifically, the Sherman Act prevents competitors from reaching unreasonable agreements amongst themselves and from monopolizing markets. However, not all industries have these protections.

Historically, federal antitrust law has not governed the “Business of Baseball.” The Supreme Court had the opportunity to apply antitrust law to baseball in Federal Baseball Club, Incorporated v. National League of Professional Baseball Clubs; however, the Court held that the Business of Baseball was not ...


Given Today's New Wave Of Protectionsim, Is Antitrust Law The Last Hope For Preserving A Free Global Economy Or Another Nail In Free Trade's Coffin?, Allison Murray Feb 2019

Given Today's New Wave Of Protectionsim, Is Antitrust Law The Last Hope For Preserving A Free Global Economy Or Another Nail In Free Trade's Coffin?, Allison Murray

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


The E-Books Conspiracy: Crossing The Line Between Applying And Creating Law, Tom Campbell Dec 2014

The E-Books Conspiracy: Crossing The Line Between Applying And Creating Law, Tom Campbell

Tom Campbell

This article responds to John Kirkwood’s Collusion to Control a Powerful Customer: Amazon, E-Books, and Antitrust Policy. Professor Kirkwood argued that in a monopsonistic market (i.e., one where there exists one powerful buyer and many less powerful sellers), or a market in which a buyer has significantly more power than the sellers, collusion on the part of the sellers might be justified, and ought to be a defense to antitrust claims, under certain conditions. This article summarizes Kirkwood’s proposed requirements for invoking this defense and argues that they are overly prescriptive, failing to allow certain instances of ...


Ridding The Law Of Outdated Statutory Exemptions To Antitrust Law: A Proposal For Reform, Anne Mcginnis Jan 2014

Ridding The Law Of Outdated Statutory Exemptions To Antitrust Law: A Proposal For Reform, Anne Mcginnis

University of Michigan Journal of Law Reform

Antitrust law is designed to be an overarching check against anticompetitive conduct that harms the free market system. Almost as soon as the first antitrust laws were enacted in the United States, however, industry groups began lobbying Congress for exemptions from these laws. Most of the statutory exemptions created over the last one hundred years remain in place, despite widespread changes in economic theory, market structures, and overall antitrust law. Today, some exemptions are merely irrelevant, while others actively harm society by transferring wealth to private individuals and hampering beneficial competition. This Note proposes a fourpart legislative solution to rid ...


Dr. Boulderlove; Or, How I Learned To Stop Worrying And Love Local Antitrust Liability , Kevin Charles Boyle Feb 2013

Dr. Boulderlove; Or, How I Learned To Stop Worrying And Love Local Antitrust Liability , Kevin Charles Boyle

Pepperdine Law Review

Community Communications v. Boulder arose in the context of local cable registration, but the decision raised the specter of antitrust liability for nearly any local regulatory activity. This comment reviews state legislation enacted in response to Boulder against a framework of the post-Boulder "Parker Doctrine" and its probable requirements.


Empagran’S Empire: International Law And Statutory Interpretation In The Us Supreme Court Of The 21st Century, Ralf Michaels Jan 2011

Empagran’S Empire: International Law And Statutory Interpretation In The Us Supreme Court Of The 21st Century, Ralf Michaels

Faculty Scholarship

In its Empagran decision in 2004, the US Supreme Court decided that purchasers on foreign markets could not invoke US antitrust law even against a global cartel that affects also the United States. The article, forthcoming in a volume dedicated to the history on international law in the US Supreme Court, presents three radically different readings of the opinion. The result is that Empagran is a decision that is transnationalist in rhetoric, isolationist in application, and hegemonial in its effect. A decision with a seemingly straightforward argument is found riddled in the conflict between these different logics. A decision with ...


Competitive Debacle In Local Telephony: Is The 1996 Telecommunications Act To Blame?, Reza Dibadj Jan 2003

Competitive Debacle In Local Telephony: Is The 1996 Telecommunications Act To Blame?, Reza Dibadj

Washington University Law Review

Part I of this Article outlines a few fundamentals upon which the subsequent analysis is based. It argues that despite technological advances, access to the local wireline telephone infrastructure is still critically important. Further, there is precious little competition today in wireline telephony, and competition can flourish only with appropriate regulation. Part II examines the Act’s network disaggregation provisions, with a particular focus on two fundamental questions: What portions of the network should be unbundled? And at what price? It argues that while the statute itself is sound, the regulations promulgated under it evince basic economic confusion that has ...


The Directv Nfl Sunday Ticket: An Economic Plea For Antitrust Law Immunity, Bradley W. Crandall Jan 2001

The Directv Nfl Sunday Ticket: An Economic Plea For Antitrust Law Immunity, Bradley W. Crandall

Washington University Law Review

No abstract provided.


Financial Weakness Is Relevant But Inconclusive As Defense To Clayton Act Violations Jan 1982

Financial Weakness Is Relevant But Inconclusive As Defense To Clayton Act Violations

Washington University Law Review

No abstract provided.


Entrenchment Challenges To Conglomerate Mergers, Cristofer Esty Lord Jan 1982

Entrenchment Challenges To Conglomerate Mergers, Cristofer Esty Lord

Washington University Law Review

No abstract provided.


The New West Virginia Antitrust Act From The Defense Perspective, James F. Rill Feb 1979

The New West Virginia Antitrust Act From The Defense Perspective, James F. Rill

West Virginia Law Review

Sharply heightened attention is currently being paid to antitrust enforcement at the state level. In 1976, Congress appropriated approximately $30,000,000 in federal funds to the states for the maintenance of antitrust actions and other programs. A fertile field is being made available for the expenditure of these funds by the focus of the federal antitrust enforcement agencies on the larger structural cases with a corresponding decline in enforcement actions against "routine" practices. In this climate, the opportunities for state actions are extremely favorable, especially in light of the generally high political marks to be achieved by state Attorneys ...


Interlocks In Corporate Management And The Antitrust Laws, Arthur H. Travers, Jr. Jan 1968

Interlocks In Corporate Management And The Antitrust Laws, Arthur H. Travers, Jr.

Articles

No abstract provided.


An Examination Of The Cab's Merger Policy, Arthur H. Travers, Jr. Jan 1967

An Examination Of The Cab's Merger Policy, Arthur H. Travers, Jr.

Articles

No abstract provided.


Book Review. Kaysen, C. And Turner, D.F., Antitrust Policy: An Economic And Legal Analysis, Ralph F. Fuchs Jan 1960

Book Review. Kaysen, C. And Turner, D.F., Antitrust Policy: An Economic And Legal Analysis, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


The Statute Of Limitations In Antitrust Litigation, Carl H. Fulda, Howard C. Klemme Jan 1955

The Statute Of Limitations In Antitrust Litigation, Carl H. Fulda, Howard C. Klemme

Articles

No abstract provided.


The Statute Of Limitations In Antitrust Litigation Ii, Carl H. Fulda, Howard C. Klemme Jan 1955

The Statute Of Limitations In Antitrust Litigation Ii, Carl H. Fulda, Howard C. Klemme

Articles

No abstract provided.


The Requirement Of Exactness In The Justification Of Price And Service Differentials Under The Robinson-Patman Act, Ralph F. Fuchs Jan 1951

The Requirement Of Exactness In The Justification Of Price And Service Differentials Under The Robinson-Patman Act, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


Is The Anti-Trust Law Anti-Labor?, Frank Edward Horack Jr. Jan 1940

Is The Anti-Trust Law Anti-Labor?, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.