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Full-Text Articles in Law

Copyright And Anti-Trust Law : Public Performance Rights Licensing Of Musical Works Into Audiovisual Media, Christian Seyfert Sep 2005

Copyright And Anti-Trust Law : Public Performance Rights Licensing Of Musical Works Into Audiovisual Media, Christian Seyfert

Theses and Dissertations

This article will explore the question how anti-trust law affects the performing rights societies' (PRS) practice plain the different types and forms of licensing of licensing public performance rights of musical works into audiovisual media. It will, first, set forth the historical development and necessity of PRSs; secondly, define and exublic performance rights; and, thirdly, analyze in detail the historical attempts by the government and by private parties to enforce anti-trust law against the PRSs' system of blanket licensing musical works into audiovisual media.


Global Governance, Antitrust, And The Limits Of International Cooperation, Paul B. Stephan Jan 2005

Global Governance, Antitrust, And The Limits Of International Cooperation, Paul B. Stephan

Cornell International Law Journal

Argues that eliminating international institutions is the best way to solve the problem of inadequate national regulation. Private actions that frustrate competition are highlighted to show that the problem of government failure exists at the international level. The nature of competition policy & its potential for abuse are described to point out the inseparability of competition policy & trade policy, as well as difficulties that result from the less transparent nature of competition law. A review of proposals to develop international regimes to accommodate substantive competition law or allocate regulatory jurisdiction emphasizes why such regimes are likely to be unsatisfactory. …


Political Bargaining And Judicial Intervention In Constitutional And Antitrust Federalism, Jim Rossi Jan 2005

Political Bargaining And Judicial Intervention In Constitutional And Antitrust Federalism, Jim Rossi

Vanderbilt Law School Faculty Publications

Federal judicial deference to state and local regulation is at the center of contentious debates regarding the implementation of competition policy. This Article invokes a political process bargaining framework to develop a principled approach for addressing the appropriate level of judicial intervention under the dormant commerce clause and state action immunity from antitrust enforcement. Using illustrations from network industries, it is argued that, at core, these two independent doctrines share a common concern with political (not only market) failure by focusing on the incentives faced by powerful stakeholders in state and local lawmaking. More important, they share the common purpose …


Narrower Is Better - The Third Circuit's Latest Word On Conscious Parallelism And The Problem Of Plus Factors: In Re Flat Glass, Joseph Skocilich Jan 2005

Narrower Is Better - The Third Circuit's Latest Word On Conscious Parallelism And The Problem Of Plus Factors: In Re Flat Glass, Joseph Skocilich

Villanova Law Review

No abstract provided.


Upon Further Review: Why The Nfl May Not Be Free After Clarett, And Why Professional Sports May Be Free From Antitrust Law, Darren W. Dummit Jan 2005

Upon Further Review: Why The Nfl May Not Be Free After Clarett, And Why Professional Sports May Be Free From Antitrust Law, Darren W. Dummit

Vanderbilt Journal of Entertainment & Technology Law

This note begins by reviewing the Jewel Tea line of cases that theoretically serve as the starting point for any non-statutory exemption discussion, followed by brief overviews of the contrasting Wood and Mackey lines of cases. The background section then turns to a summary of Brown--the latest Supreme Court decision relating to the collective bargaining process in professional sports--followed by a brief discussion of the NFL eligibility rule and how it differs from the recently-enacted NBA eligibility rule, which is of unquestioned legality. Finally, both the District Court and Court of Appeals decisions in Clarett are summarized.

The analysis begins …


Moving Public Law Out Of The Deference Trap In Regulated Industries, Jim Rossi Jan 2005

Moving Public Law Out Of The Deference Trap In Regulated Industries, Jim Rossi

Vanderbilt Law School Faculty Publications

This Article argues that public law has fallen into what I call a deference trap in addressing conflicts in deregulated industries, such as telecommunications and electric power. The deference trap describes a judicial reluctance to intervene in disputes involving political institutions, such as regulatory agencies and states. By reassessing the deference trap across the legal doctrines that are effecting emerging telecommunications and electric power markets, public law can deliver much more for deregulated markets. The deference trap poses a particular cost as markets are deregulated, one that may not have been present during previous regulatory eras in which public and …


Anticompetitive Overbuying By Power Buyers, Steven C. Salop Jan 2005

Anticompetitive Overbuying By Power Buyers, Steven C. Salop

Georgetown Law Faculty Publications and Other Works

Two types of single-firm overbuying are analyzed in this article. Predatory overbuying consists of overbuying inputs as a predatory strategy to cause buyer-side competitors in the input market to exit from the market or permanently shrink their capacity in order to gain monopsony power in the input market. Raising Rivals' Costs (RRC) overbuying consists of overbuying inputs as an exclusionary strategy to raise rivals' input costs and thereby gain market power in the output market. In most cases, the additional input purchases are used to produce output. However, in unusual cases a firm may engage in naked overbuying, that is, …


Past, Present, And Future Of Antitrust Enforcement At The Federal Trade Commission, Robert Pitofsky Jan 2005

Past, Present, And Future Of Antitrust Enforcement At The Federal Trade Commission, Robert Pitofsky

Georgetown Law Faculty Publications and Other Works

The period from 1970 to the present - roughly a third of a century - has witnessed profound changes in the quality of regulation at the Federal Trade Commission and a remarkable convergence of antitrust enforcement policy between left and right, and between primarily legal as opposed to primarily economic approaches. With respect to substantive law, areas of intellectual debate and uncertainty remain, but viewpoint differences that existed between the 1960s and the 1980s are today vastly reduced. In the 1960s, emphasis was on populist values, hostility to "Bigness," protection of competitors (especially small business) as opposed to the competitive …


Passivo Concorrencial: Comprando Um Problema, Ivo T. Gico Dec 2004

Passivo Concorrencial: Comprando Um Problema, Ivo T. Gico

Ivo Teixeira Gico Jr.

O presente artigo visa a analisar como a questão concorrencial pode afetar severamente a avaliação de ativos financeiros adquiridos, tendo como pano de fundo o caso da condenação do Sindipedras e outras 18 empresas do setor de mineração por formação de cartel, o primeiro caso de cartel efetivamente punido no Brasil.

This paper aims to examine how the competitive issue may severely affect the valuation of financial assets, having as background the case of the condemnation of Sindipedras and 18 mining industry companies for the cartels practice, the first cartel case effectively punished in Brazil.


Comparative Analysis Of Qualcomm Case Regarding Its Duty In Standard-Setting Organization And Possible Antitrust Claims Brought By Its’ Competitors In U.S. And E.U., Tanit Follett Dec 2004

Comparative Analysis Of Qualcomm Case Regarding Its Duty In Standard-Setting Organization And Possible Antitrust Claims Brought By Its’ Competitors In U.S. And E.U., Tanit Follett

Tanit Follett, J.S.D.

The Standard Setting Organization of IP rules has a confused mixture of legal theories that lead to the problem of disclosure. Each of the SSO IP rules has its own pitfalls. In general, considering all rules together, these legal rules share the same common goal in ensuring that participating IP owners do what they promised to do and disclose what they are bound to disclose. In addition, SSO rules concerning the rights of IP owner have raised a number of antitrust issues. One side believes that SSO rules are procompetitive so long as they encourage more innovation than restraints, while …