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Articles 1 - 14 of 14
Full-Text Articles in Law
Behavioral Antitrust, Amanda P. Reeves, Maurice E. Stucke
Behavioral Antitrust, Amanda P. Reeves, Maurice E. Stucke
Indiana Law Journal
No abstract provided.
To Share Or Not To Share: Revenue Sharing Structures In Professional Sports, Justin R. Hunt
To Share Or Not To Share: Revenue Sharing Structures In Professional Sports, Justin R. Hunt
Justin R Hunt
To Share Or Not To Share: Revenue Sharing Structures In Professional Sports Since the creation of profit-sharing by the American Football League in 1959, professional sports leagues have relied on revenue sharing to promote competitive balance among member organizations, despite varying economic conditions and market capacities. Every league acknowledges that the purpose of a revenue sharing agreement is to allow a closer range of payroll spending that might otherwise not be accomplished, preventing large market teams from controlling the allocation of high-priced free agents. These revenue sharing arrangements rely on the collaborative efforts of league members to maximize revenue from …
Antitrust Law - Affirmative Acts And Antitrust - The Need For A Consistent Tolling Standard In Cases Of Fraudulent Concealment, Amber Davis-Tanner
Antitrust Law - Affirmative Acts And Antitrust - The Need For A Consistent Tolling Standard In Cases Of Fraudulent Concealment, Amber Davis-Tanner
University of Arkansas at Little Rock Law Review
No abstract provided.
Interstate Comparison - Use Of Contribution Margin In Determination Of Price Fixing, Tsui Tat Chee
Interstate Comparison - Use Of Contribution Margin In Determination Of Price Fixing, Tsui Tat Chee
Pace International Law Review Online Companion
For over a century, anti-trust law has been used to maintain an open and fair market economy by preventing monopolies. However, anti-trust law has never precisely defined the term “monopoly”, which makes evaluating the interactions between the prohibition of monopoly and encouraging competition increasingly challenging.
In 2006, the Hong Kong Government appointed Arculli & Associates Solicitor Firm to study issues relating to competition in the auto-fuel retail market in Hong Kong. A test based on contribution margins was recommended, leading to the conclusion that price fixing is not a crime in the industry.
This article examines the problems related …
The Firm As Cartel Manager, Herbert Hovenkamp, Christopher R. Leslie
The Firm As Cartel Manager, Herbert Hovenkamp, Christopher R. Leslie
Vanderbilt Law Review
Antitrust law is the primary legal obstacle to price fixing, which is condemned by Section One of the Sherman Act. Section One condemns only concerted action between separate entities, not unilateral conduct by a single entity. Firms that engage in price fixing may try to reduce the risk of antitrust liability by structuring their actions to appear to be those of a unified single entity that is beyond the reach of Section One.
In this Article, Professors Hovenkamp and Leslie examine how price-fixing cartels govern themselves and maximize their profits by cooperating and colluding, instead of competing. They then use …
Harmful Freedom Of Choice: Lessons From The Cellphone Market , Adi Ayal
Harmful Freedom Of Choice: Lessons From The Cellphone Market , Adi Ayal
Law and Contemporary Problems
This article focuses on the relationship between provider and customer, specifically on the complexity of available contracts in the cellphone market and the ways this complexity might be harmful to consumers. This article aims to elucidate the issues, fleshing them out both as a general phenomenon and as a specific implementation in the cellphone context. The aim is not to provide ultimate solutions, but to show the directions these solutions might take and the difficulties involved.
Lessons For Competition Law From The Economic Crisis: The Prospect For Antitrust Responses To The “Too-Big-To-Fail” Phenomenon, Jesse W. W. Markham, Jr.
Lessons For Competition Law From The Economic Crisis: The Prospect For Antitrust Responses To The “Too-Big-To-Fail” Phenomenon, Jesse W. W. Markham, Jr.
Fordham Journal of Corporate & Financial Law
This article examines whether, and the extent to which, antitrust law could contribute to a broader regulatory effort to control the too-big-to-fail problem. The article begins by exploring the nature of the problem. Against this backdrop, it considers antitrust policy and rules to evaluate whether antitrust might play a meaningful role. The article concludes that antitrust law, if vigorously enforced with an emphasis on avoiding too-big-to-fail problems, can be a useful public policy tool to address the problem. However, it can come nowhere near solving it or preventing recurrences of recent systemic failures.
Why Copperweld Was Actually Kind Of Dumb: Sound, Fury And The Once And Still Missing Antitrust Theory Of The Firm, Chris Sagers
Why Copperweld Was Actually Kind Of Dumb: Sound, Fury And The Once And Still Missing Antitrust Theory Of The Firm, Chris Sagers
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
American Needle And The Application Of The Sherman Act To Professional Sports Leagues, Gregory J. Werden
American Needle And The Application Of The Sherman Act To Professional Sports Leagues, Gregory J. Werden
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Novel Neutrality Claims Against Internet Platforms: A Reasonable Framework For Initial Scrutiny , Jeffrey Jarosch
Novel Neutrality Claims Against Internet Platforms: A Reasonable Framework For Initial Scrutiny , Jeffrey Jarosch
Cleveland State Law Review
This Article examines a recent trend in which the Federal Trade Commission and other enforcement agencies investigate Internet platforms for behavior that is insufficiently “neutral” towards users or third parties that interact with the platform. For example, Google faces a formal FTC investigation based on allegations that it has tinkered with search results rather than presenting users with a “neutral” result. Twitter faces a formal investigation after the social media service restricted the ways in which third party developers could interact with Twitter through its application programming interface (“API”). These investigations represent a new attempt to shift the network neutrality …
Multiemployer Bargaining And Monopoly: Labor-Management Collusion And A Partial Solution, Anthony B. Sanders
Multiemployer Bargaining And Monopoly: Labor-Management Collusion And A Partial Solution, Anthony B. Sanders
West Virginia Law Review
Multiemployer collective bargaining relationships between un- ions and employer associations easily devolve into legalized cartels. Once unions establish themselves as the bargaining representative for employers' employees, the employers have much to gain from banding together as an association, raising their prices and eliminating non-union competition, with unions happily serving as enforcement agents in the scheme. In return, unions receive a share of the increased oligopolistic profits in the form of higher wages and benefits. A threat to such a cartel is an employer who wants to bargain with the union but does not want to accept the terms the associ- …
Empagran’S Empire: International Law And Statutory Interpretation In The Us Supreme Court Of The 21st Century, Ralf Michaels
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 …
A Re-Examination Of The Convergence Of Antitrust Law And Professional Sports Leagues, Christine A. Miller
A Re-Examination Of The Convergence Of Antitrust Law And Professional Sports Leagues, Christine A. Miller
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Is There Life After Death For Sports League Immunity - American Needle And Beyond, Meir Feder
Is There Life After Death For Sports League Immunity - American Needle And Beyond, Meir Feder
Jeffrey S. Moorad Sports Law Journal
No abstract provided.