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Full-Text Articles in Law

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 ...


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

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

West Virginia Law Review

No abstract provided.


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 ...


The Corporate Antitrust Audit - Establishing A Document Retention Program, Sheldon S. Toll, Joseph P. Bauer Oct 2013

The Corporate Antitrust Audit - Establishing A Document Retention Program, Sheldon S. Toll, Joseph P. Bauer

Joseph P. Bauer

No abstract provided.


The Arbitration Of Federal Domestic Antitrust Claims: How Safe Is The American Safety Doctrine?, Bruce R. Braun Jan 2013

The Arbitration Of Federal Domestic Antitrust Claims: How Safe Is The American Safety Doctrine?, Bruce R. Braun

Pepperdine Law Review

No abstract provided.


Antitrust, Health Care Quality, And The Courts, Peter J. Hammer, William M. Sage Jan 2002

Antitrust, Health Care Quality, And The Courts, Peter J. Hammer, William M. Sage

Law Faculty Research Publications

Antitrust law represents the principal legal tool that the United States employs to police private markets, yet it often relegates quality and nonprice considerations to a secondary position. While antitrust law espouses the belief that vigorous competition will enhance quality as well as price, little evidence exists of the practical ability of courts to deliver on that promise. In this Article, Professors Hammer and Sage examine American health care as a vehicle for advancing understanding of the nexus among competition, quality, and antitrust law. The Article reports the results of a comprehensive empirical review of judicial opinions in health care ...


Legal Factors In The Acquisition Of A United State Corporation: Litigation By Hostile Targets, Johan E. Droogmans Jan 1987

Legal Factors In The Acquisition Of A United State Corporation: Litigation By Hostile Targets, Johan E. Droogmans

LLM Theses and Essays

Acquisitions of United States corporations have become increasingly complex takeover contests, where bidders and target corporations are forced into offensive and defensive litigation strategies to protect their respective interests. Targets often assert that the bidders have violated federal or state securities laws, federal antitrust laws, federal margin regulations, federal and state regulatory systems, and federal anti-racketeering laws. These lawsuits are primarily based on the principal federal regulation of takeovers in section 14(a) of the Securities and Exchange Act of 1934 and the Williams Act. Target litigation is customary, but entails certain disadvantages; a lawsuit rarely stops an offer, is ...


Price Fixing—Proving Injury Under Section 4 Of The Clayton Act By Indirect Purchasers Relaxed By Expansion Of Exceptions To Illinois Brick Jan 1982

Price Fixing—Proving Injury Under Section 4 Of The Clayton Act By Indirect Purchasers Relaxed By Expansion Of Exceptions To Illinois Brick

Washington University Law Review

No abstract provided.


Seventh Amendment—Due Process Overrides Right To Jury Trial In Complex Cases, In Re Japanese Electronic Products Antitrust Litigation Jan 1980

Seventh Amendment—Due Process Overrides Right To Jury Trial In Complex Cases, In Re Japanese Electronic Products Antitrust Litigation

Washington University Law Review

No abstract provided.


Carve-Out As An Answer To The Contribution Question In Private Antitrust Litigation, R. Mark Mccareins Jan 1980

Carve-Out As An Answer To The Contribution Question In Private Antitrust Litigation, R. Mark Mccareins

Washington University Law Review

No abstract provided.


The Corporate Antitrust Audit - Establishing A Document Retention Program, Sheldon S. Toll, Joseph P. Bauer Jan 1973

The Corporate Antitrust Audit - Establishing A Document Retention Program, Sheldon S. Toll, Joseph P. Bauer

Journal Articles

No abstract provided.


The Nature Of “A Reasonable Attorney’S Fee” In Private Antitrust Litigation Jan 1966

The Nature Of “A Reasonable Attorney’S Fee” In Private Antitrust Litigation

Washington University Law Review

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 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.


Economic Considerations In The Enforcement Of The Antitrust Laws Of The United States, Ralph F. Fuchs Jan 1950

Economic Considerations In The Enforcement Of The Antitrust Laws Of The United States, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.