Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 13 of 13

Full-Text Articles in Law

Perspectives On State And Federal Antitrust Enforcement, Stephen Calkins Nov 2003

Perspectives On State And Federal Antitrust Enforcement, Stephen Calkins

Duke Law Journal

This Article reviews federal and (especially) state antitrust enforcement in light of the Microsoft proceeding. Criticism of state enforcement based on that case is misplaced. The Article identifies three consensus comparative advantages of state enforcers: familiarity with local and regional markets, closeness to state and local institutions, and ability and experience in compensating individuals. A review of state enforcement activities finds that the vast majority are consistent with one or more of these advantages. The Article also identifies hallmarks of generally accepted federal civil non-merger enforcement: both antitrust agencies participate actively, using a variety of tools, while showing support for ...


Tfosorcim And Cromiftos: Why High-Technology Antitrust Inquiry Is Backwards And Inside-Out, Jon Polenberg Jul 2003

Tfosorcim And Cromiftos: Why High-Technology Antitrust Inquiry Is Backwards And Inside-Out, Jon Polenberg

University of Miami Law Review

No abstract provided.


Wilk V. Ama: The Lingering Effects Of An Inadequate Injunction To Remedy Malignant Anti-Trust Violations Against The Chiropractic Profession - A Search For The Cure To Federal And State Executive, Legislative, And Judiciary Inaction To Continued Discrimination Of Chiropractic As Related Especially To Insurance, Henry M. Rubinstein Apr 2003

Wilk V. Ama: The Lingering Effects Of An Inadequate Injunction To Remedy Malignant Anti-Trust Violations Against The Chiropractic Profession - A Search For The Cure To Federal And State Executive, Legislative, And Judiciary Inaction To Continued Discrimination Of Chiropractic As Related Especially To Insurance, Henry M. Rubinstein

University of Miami Business Law Review

No abstract provided.


Ub Viewpoint – Media Mergers, Antitrust Law And Consumer Choice, Robert H. Lande Mar 2003

Ub Viewpoint – Media Mergers, Antitrust Law And Consumer Choice, Robert H. Lande

All Faculty Scholarship

No abstract provided.


The Antitrust Implications Of Collaborative Standard Setting By Insurers Regarding The Use Of Genetic Information In Life Insurance Underwriting, Robert H. Jerry Ii Jan 2003

The Antitrust Implications Of Collaborative Standard Setting By Insurers Regarding The Use Of Genetic Information In Life Insurance Underwriting, Robert H. Jerry Ii

UF Law Faculty Publications

Whenever two or more market participants collaborate to restrain trade, the potential applicability of federal and state antitrust laws must be considered. When the collaborating parties are insurance companies, a further layer of analysis may be necessary to determine whether the activity is exempt from federal antitrust regulation. Even if the activity enjoys an exemption, state antitrust law may have different things to say about the activity. Embedded in each of these levels of analysis are many difficult and complex subsidiary questions. In short, the law of insurance antitrust is not a subject for the faint of heart.

Antitrust law ...


Introduction, Gilbert Stein Jan 2003

Introduction, Gilbert Stein

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Major League Baseball Contraction And Antitrust Law, John T. Wolohan Jan 2003

Major League Baseball Contraction And Antitrust Law, John T. Wolohan

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Effect Of Baseball's Antitrust Exemption And Contraction On Its Minor League Baseball System: A Case Study Of The Harrisburg Senators, Stanley M. Brand Jan 2003

The Effect Of Baseball's Antitrust Exemption And Contraction On Its Minor League Baseball System: A Case Study Of The Harrisburg Senators, Stanley M. Brand

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Icann And Antitrust, A. Michael Froomkin Jan 2003

Icann And Antitrust, A. Michael Froomkin

Articles

National identification ("ID") cards appear increasingly inevitable. National ID cards have the potential to be repressive and privacy destroying, but it is also possible to design a system that captures more benefits than costs. Because the United States currently lacks a single, reliable credential, private businesses have trouble authenticating their customers and matching data among distributed databases. This Article argues that the desire for reliable ID creates a window of opportunity for the federal government to strike a bargain: offer private businesses the use of a reliable credential in the form of a national ID card, on the condition that ...


The Bitter Has Some Sweet: Potential Antitrust Enforcement Benefit From Patent Law's Procedural Rules, Joseph S. Miller Jan 2003

The Bitter Has Some Sweet: Potential Antitrust Enforcement Benefit From Patent Law's Procedural Rules, Joseph S. Miller

Scholarly Works

No abstract provided.


Modularity, Vertical Integration, And Open Access Policies: Towards A Convergence Of Antitrust And Regulation In The Internet Age, Joseph Farrell, Philip J. Weiser Jan 2003

Modularity, Vertical Integration, And Open Access Policies: Towards A Convergence Of Antitrust And Regulation In The Internet Age, Joseph Farrell, Philip J. Weiser

Articles

Antitrust law and telecommunications regulation have long adopted different stances on whether to mandate open access to information platforms. This article aims to help regulators and commentators incorporate both Chicago School and post-Chicago School arguments in evaluating this basic policy choice, suggesting how they can be integrated in an effective manner. In particular, the authors outline three alternative models that the FCC could adopt to guide its regulation of information platforms and facilitate a true convergence between antitrust and regulatory policy.


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 ...


Comments On Warren Grimes: Transparency In Federal Antitrust Enforcement, Robert Pitofsky Jan 2003

Comments On Warren Grimes: Transparency In Federal Antitrust Enforcement, Robert Pitofsky

Georgetown Law Faculty Publications and Other Works

In this review, I will concentrate on the policies and experiences of the Federal Trade Commission - an agency with which I am more familiar than the Department of Justice. Professor Grimes appreciates that FTC disclosure policies provide more information than the Antitrust Division of the DOJ. I will leave it to others to explain why Department of Justice policies, particularly in the area of criminal enforcement, deserve to be different.