Law Commons^™

La Cessione Dei Diritti Audiovisivi Del Campionato Di Calcio Di Serie A, Tra Regolazione Procompetitiva E Tutela Della Concorrenza), Federico Ghezzi, Mariateresa Maggiolino

federico ghezzi

In this paper we examine the Italian rules governing the selling of media “premium” rights by the Italian professional Soccer League. These rights are currently commercialized centrally, i.e. by the League itself for a three years period. We argue that in light of technological evolution and convergence, the practice of selling these rights “per platform” and according to a “no single buyer rule” may harm dynamic efficiency. Interplatform distribution exclusivity should thus prevail, unless these rights were to be considered not only significant in terms of audience and advertisement, but as an essential facility for downstream pay-Tv markets. In this …

Microsoft's Antitrust Travails, Keith N. Hylton

Faculty Scholarship

Andrew Gavil and Harry First’s book on the Department of Justice’s litigation against Microsoft will undoubtedly become one of the standard references for anyone who studies these cases in the future. This litigation has been a big enterprise in the courts, especially the landmark D.C. Circuit opinion in 2001. 1 Repercussions continue today, with new raids on Microsoft’s operations in China to investigate vaguely described concerns of the Chinese government over product bundling and interoperability, issues at the core of the Microsoft litigation from the start.

Gavil and First have two goals: to provide a road map and history of …

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

Robert H. Jerry II

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 …

The Gary Dinners And The Meaning Of Concerted Action, William H. Page

William H. Page

Between 1907 and 1911, executives of American steel manufacturers gathered in a series of social events and meetings that became known as the Gary dinners. Their founder, Judge Elbert H. Gary, chairman of the board of the United States Steel Corporation (U.S. Steel), believed the dinners were a lawful way to stabilize steel prices by enabling manufacturers to tell each other "frankly and freely what they were doing, how much business they were doing, what prices they were charging, how much wages they were paying their men, and... all information concerning their business." The government agreed that the dinners stabilized …

The Appropriate Legal Standard And Sufficient Economic Evidence For Exclusive Dealing Under Section 2: The Ftc’S Mcwane Case, Steven C. Salop, Sharis A. Pozen, John R. Seward

Georgetown Law Faculty Publications and Other Works

The FTC recently found McWane, Inc. liable for unlawful monopoly maintenance by a 3-1 majority. The dispute among the FTC Commissioners raises important and interesting issues regarding the law and economics of exclusive dealing and the proper evaluation of the competitive effects of exclusionary conduct. Commissioner Wright’s Dissent proposes and utilizes a new legal standard that requires the plaintiff to show “clear evidence” of harm to competition before shifting the burden to the defendant to show procompetitive efficiency benefits. This burden of proof and production on the plaintiff is much higher than showing “probable effect” based on a preponderance of …

An Analysis Of Patent System And Antitrust Law Issues In Oled Display Industry: Focusing On The Patent Strategy For Securing Technologies And Materials, Meyoung Ju Joung

Maurer Theses and Dissertations

This dissertation presents an analysis of patent system and antitrust law issue in OLED (Organic Light Emitting Diode) display industry focusing on the patent strategy for securing technologies and materials. Material patent holders of multinational companies wielding great market power in OLED industry have pursued a variety of strategic patenting including combination inventions and broadly claimed inventions to maintain their competitive position by extension of the market exclusively beyond the legitimate scope initially granted by the patent within the current regulatory framework. Recently, their questionable patents have been challenged through patent invalidation trials brought by prospective infringers, claiming that the …

Vol. 5 No. 2, Spring 2014; Pay-For-Delay And Interstate Commerce: Why Congress Or The Supreme Court Must Take Action Opposing Reverse Payment Settlements, Corey Hickman

Northern Illinois Law Review Supplement

A pay-for-delay drug settlement, also called a reverse payment settlement, occurs when a brand name pharmaceutical company agrees to pay the maker of a similar generic drug to delay the release of the generic drug into the stream of commerce, thereby allowing the brand name pharmaceutical company to eliminate competition for an extended period of time. These agreements allow both the brand name manufacturer and the generic manufacturer to profit immensely. These settlements cost the American public an estimated $3.5 billion per year. Further, reverse payment settlements on average prevent generic drugs from entering the stream of commerce for an …

Reformed Antitrust Approach To Distributor Terminations, Thomas A. Piraino Jr.

Notre Dame Law Review

No abstract provided.

Bank Mergers And The Department Of Justice's Horizontal Merger Guidelines: A Critique And Proposal, Gina M. Killian

Notre Dame Law Review

No abstract provided.

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 …

Do You Believe He Can Fly? Royce White And Reasonable Accommodations Under The Americans With Disabilities Act For Nba Players With Anxiety Disorder And Fear Of Flying, Michael Mccann

Law Faculty Scholarship

This Article examines the legal ramifications of Royce White, a basketball player with general anxiety disorder and obsessive compulsive disorder, playing in the NBA. White's conditions cause him to have a fear of flying, thus making it difficult to play in the NBA. This subject is without precedent in sports law and, because of the unique aspects of an NBA playing career, lacks clear analogy to other employment circumstances. This dispute also illuminates broader legal and policy issues in the relationship between employment and mental illness.

This Article argues that White would likely fail in a lawsuit against an NBA …

A Restatement Of Health Care Law, David Orentlicher

Scholarly Works

No abstract provided.

Kamakahi V. Asrm: The Egg Donor Price Fixing Litigation, Kimberly D. Krawiec

Faculty Scholarship

In April 2011, Lindsay Kamakahi caused an international stir by suing the American Society for Reproductive Medicine (ASRM), the Society for Assisted Reproductive Technology (SART), SART-member fertility clinics, and a number of egg donor agencies on behalf of herself and other oocyte donors. The suit challenged the ASRM-SART oocyte donor compensation guidelines, which limit payments to egg donors to $5,000 ($10,000 under special circumstances), as an illegal price-fixing agreement in violation of United States antitrust laws.

Ensuing discussion of the case has touched on familiar debates surrounding coercion, commodification, and exploitation. It has also revealed many misconceptions about oocyte donation, …

Elhauge On Tying: Vindicated By History, Barak D. Richman, Steven W. Usselman

Faculty Scholarship

No abstract provided.