Antitrust and Trade Regulation Commons^™

“Commanding The Price Of Labor”: Confronting The Human Cost Of Labor Monopsony, Alvaro M. Bedoya, Catherine M. Sanchez

Loyola University Chicago Law Journal

Since 1890, the architects of American antitrust law made clear that they aimed to protect labor market competition against the abuses of concentrated capital. Yet antitrust enforcers have only recently begun to challenge mergers based on their impact on labor markets, and only last year issued formal guidelines to publicize how law enforcement should analyze the labor market effects of such combinations. Comparing the conditions of modern-day meatpacking workers to those of the early twentieth century Beef Trust, the authors underscore the human cost of labor monopsony, and stress the importance of challenging mergers that allow corporations to "command the …

Antitrust And Pop Culture Iii: Direct To Streaming, Spencer Weber Waller

Faculty Publications & Other Works

When you reach the third in a series of movies, it usually signals a dramatic decline in quality. It is also the time when you notice that the star in the series goes from being someone recognizable, like John Cena, to someone whose real name you can't remember, but vaguely recall was a professional wrestler, reality tv star, or both. So it is with great trepidation that I return for one final edition of Antitrust and Pop Culture 3 before returning to my current and long overdue book project on competition and collusion in the American theatre. But first, some …

Antitrust And Pop Culture: The Sequel, Spencer Weber Waller

Faculty Publications & Other Works

Every pop culture success receives the inevitable sequel. In spring 2022, I published A Pop Culture Guide to Antitrust showing how antitrust is depicted in the movies, on stage, in pop music, fiction, true crime, and on television and streaming services. Since 2022, the connection between antitrust and pop culture has only grown in importance.

Bespoke Antitrust, Spencer Weber Waller, Harry First

Faculty Publications & Other Works

No abstract provided.

A Pop Culture Guide To Antitrust, Spencer Weber Waller

Faculty Publications & Other Works

Antitrust is having quite a moment. New competition cases and investigations abound in the United States and around the world, challenging the dominance of tech platforms and other powerful firms. There are numerous legislative changes under consideration. The new Presidential Order on competition1 and other proposals for change all indicate additional changes are coming. But is antitrust also being depicted in popular culture in a way that fairly reflects the law and its current relevance?

More importantly, where can you go for a good movie, TV show, book, or Broadway show about the area of law that has been called …

The Status Of California's Pay-For-Delay Legislation And Litigation, Jordan Paradise

Faculty Publications & Other Works

Pay-for-delay settlements arise when the brand drug company compensates the generic in some form to delay entry to market, thereby effectively eliminating the 180-day exclusivity on the market the generic is entitled to under law. At the federal level, the Supreme Court has established factors to determine whether such agreements violate antitrust law, policymakers have introduced legislation to curb the practice, and the Federal Trade Commission continues to actively police such deals. At the state level, California Attorney General Xavier Becerra made headlines for securing legal settlements in July 2019 with several pharmaceutical companies accused of participating in pay-for-delay agreements. …

The Political Face Of Antitrust, Spencer Weber Waller, Jacob Morse

Faculty Publications & Other Works

The last twenty years have brought antitrust back to the fore as a political issue of greater salience. Several booms and busts in the economy have highlighted the issue of corporate power in the economy and the political system. The growing influence and aggressiveness of the European Union and other jurisdictions' competition laws have highlighted the relative retreat in the United States. Political movements in the United States have brought issues of corporate power and its abuse back into the public limelight and with them a greater political salience for antitrust in the election cycle of 2020.

The Political Face Of Antitrust, Spencer Weber Waller

Faculty Publications & Other Works

The last twenty years have brought antitrust back to the fore as a political issue of greater salience. Several booms and busts in the economy have highlighted the issue of corporate power in the economy and the political system. The growing influence and aggressiveness of the European Union and other jurisdictions' competition laws have highlighted the relative retreat in the United States. Political movements in the United States have brought issues of corporate power and its abuse back into the public limelight and with them a greater political salience for antitrust in the election cycle of 2020.

The Enduring Promise Of Antitrust, Philip J. Weiser

Loyola University Chicago Law Journal

No abstract provided.

The Omega Man Or The Isolation Of U.S. Antitrust Law, Spencer Weber Waller

Faculty Publications & Other Works

There is a classic science fiction novel and film that present a metaphor for the isolation of United States antitrust law in the current global context. Richard Mathiesson's 1954 classic science fiction novel, I am Legend, and the later 1971 film released under the name of The Omega Man starring Charleton Heston, both deal with the fate of Robert Neville, a survivor of a world-wide pandemic who believes he is the last man on Earth.

While I am Legend and The Omega Man are obviously works of fantasy, it nonetheless has resonance for contemporary antitrust debate and discourse. United States …

Antitrust And Democracy, Spencer Weber Waller

Faculty Publications & Other Works

Our solution of the anti-monopoly problems must be in terms of our ideals-- the ideals of political and economic democracy. We want no economic or political dictatorship imposed upon us either by the government or by big business. We want no system of detailed regulation of prices by the government nor price fixing by private interests. We do not want bureaucracy or regimentation of any kind, but we will prefer governmental to private bureaucracy and regimentation, if we have to make such a choice. We cannot permit private corporations to be private governments. We must keep our economic system under …

Trade Associations, Information Exchange, And Cartels, Spencer Weber Waller

Faculty Publications & Other Works

Trade associations can play a procompetitive role in an economy but, as an association of actual and potential competitors, can also raise important competition law issues that must be addressed carefully by legal counsel. This Issue Paper presents a hypothetical problem that illustrates many of the issues that counsel can confront in representing a trade association, its members, or company executives. The Issue Paper raises many of the issues from a United States' perspective with occasional comparative examples from other jurisdictions. Carefully consider how your jurisdiction would, and should, address these all too real issues. In thinking about the …

How Much Of Health Care Antitrust Is Really Antitrust?, Spencer Weber Waller

Faculty Publications & Other Works

No abstract provided.

A Profile Of Bio-Pharma Consolidation Activity, Jordan Paradise

Faculty Publications & Other Works

No abstract provided.

Promoting Innovation, Matthew Sag, Spencer Weber Waller

Faculty Publications & Other Works

No abstract provided.

Is There A Vatican School For Competition Policy?, Tihamer Toth

Loyola University Chicago Law Journal

This Article examines whether the Catholic Church’s social teaching has something to tell antitrust scholars and masters of competition policy. Although papal encyclical letters and other documents are not meant to provide an analytical framework giving clear answers to complex competition questions, this does not mean that these thoughts cannot benefit businessmen, scholars, and policy makers. The Vatican teaching helps us remember that business and morality do not belong to two different worlds, and that markets should serve the whole Man. It acknowledges the positive role of free markets,that is, the exercise of economic freedom as being an important part …

Antitrust Law And Economic Theory: Finding A Balance, Edward D. Cavanagh

Loyola University Chicago Law Journal

Over the past forty years, the federal courts have relied more and more on economic theory to inform their antitrust analyses. Economic theory has indeed provided guidance with respect to antitrust issues and assisted the courts in reaching rational outcomes. At the same time, infusion of economic evidence into antitrust cases has made these cases more complex, lengthier, more expensive to litigate, and less predictable.

This Article argues that courts need to restore the balance between facts and economic theory in undertaking antitrust analysis. The problem is not that judges and juries cannot reach good outcomes in antitrust cases, but …

New Zealand Antitrust: Some Reflections On The First Twenty-Five Years, Mark N. Berry Dr.

Loyola University Chicago International Law Review

No abstract provided.

League Structure & Stadium Rent Seeking —The Antitrust Role Reconsidered, Haddock David, Jacobi Tonja, Matthew Sag

Faculty Publications & Other Works

Professional North American sporting teams receive enormous public funding for new and renovated stadiums after threatening to depart their hometowns, or by actually moving elsewhere. In contrast, English sporting teams neither receive much public money for such projects, nor move towns. This Article argues that no inherent cultural or political transatlantic variations cause the differences; rather, it is the industrial organization of sports in the two countries-the structure of league control-that enables rent-seeking by American teams but not by their English counterparts. Cross-country time series data contrasting American professional football and baseball stadiums with English soccer grounds support our claim, …

Antitrust’S Democracy Deficit, Harry First, Spencer Weber Waller

Faculty Publications & Other Works

No abstract provided.

Antitrust And Social Networking, Spencer Weber Waller

Faculty Publications & Other Works

No abstract provided.

Use Of Dominance, Unlawful Conduct, And Causation Under Section 36 Of The New Zealand Commerce Act: A Us Perspective, Jeffrey M. Cross, J. Douglas Richards, Maurice E. Stucke, Spencer Weber Waller

Faculty Publications & Other Works

No abstract provided.

Designing Antitrust Agencies For More Effective Outcomes: What Antitrust Can Learn From Restaurant Guides, D. Daniel Sokol

Loyola University Chicago Law Journal

No abstract provided.

The Private Antitrust Remedy: Lessons From The American Experience, Edward D. Cavanagh

Loyola University Chicago Law Journal

No abstract provided.

A Model Of Antitrust Regulatory Strategy, Allan Fels

Loyola University Chicago Law Journal

No abstract provided.

Stranger In A Strange Land: An Outsider's View Of Antitrust And The Courts, Neil Komesar

Loyola University Chicago Law Journal

No abstract provided.

When The Going Get Tight: Institutional Solutions When Antitrust Enforcement Resources Are Scarce, Michal S. Gal

Loyola University Chicago Law Journal

No abstract provided.

Antitrust And Institutions: Design And Change, Eleanor M. Fox

Loyola University Chicago Law Journal

No abstract provided.

Designing Better Institutions To Enforce Competition Law: A Symposium Introduction, Spencer Weber Waller

Faculty Publications & Other Works

No abstract provided.

Expansion And Contraction In Monopolization Law., Spencer Weber Waller

Faculty Publications & Other Works

No abstract provided.