Antitrust and Trade Regulation Commons^™

Eu's Antitrust 'War' On Google And Facebook Uses Abandoned American Playbook, Ramsi Woodcock

Law Faculty Popular Media

On June 27, the European Union imposed a €2.4 billion (US$2.75 billion) fine on Google for giving favorable treatment in its search engine results to its own comparison shopping service. And Germany’s antitrust enforcer is investigating Facebook for asking users to sign away control over personal information.

In contrast, American antitrust enforcers have shown little interest in these companies. The Federal Trade Commission (FTC) did open an investigation into whether Google has a search bias, but closed it in 2013, despite recognizing that it “may have had the effect of harming individual competitors.”

Anti-Americanism, however, does not explain these starkly …

The Bargaining Robot, Ramsi Woodcock

Law Faculty Scholarly Articles

The primary threat of the rise of the machines is not to competition itself, but to the bargaining power of consumers, given any level of competition in the market. By enabling firms to interact with each consumer on an individual basis, technology will permit firms to tailor price to the highest level each individual consumer is willing to pay and to use tailored marketing to break each consumer’s will to hold out for a better deal, reducing consumer welfare for any given level of competition. By giving consumers more outside options, the promotion of competition can limit the effects of …

Innovation And Reverse Payments, Ramsi Woodcock

Law Faculty Scholarly Articles

Settlements of patent litigation between branded and generic drug makers that include a promise by the generic maker to stay out of the market, sometimes in exchange for a ‘reverse’ payment, increase the profits of drug makers at the expense of consumers. Some commentators argue that drug makers will invest these profits in innovation, ultimately making consumers better off. Drug market data suggest, however, that the resulting gains to consumers may still be insufficient to offset consumer losses from delayed access to generics. Even when innovation is taken into account, antitrust can most efficiently eliminate the risk of consumer harm …

Uncertainty And Reverse Payments, Ramsi Woodcock

Law Faculty Scholarly Articles

The current approach to “reverse payment” settlements of drug patent litigation seeks to preclude only those settlements guaranteed to harm consumers, rather than all that could harm them. Antitrust tolerates the possibility of harm in order to give firms the freedom to make settlements that might benefit consumers, relative to what courts would achieve under patent law. Antitrust’s mission is not, however, to improve upon outcomes under patent law, but rather to prevent harm to consumers. Accordingly, antitrust must minimize the possibility of harm, even if that precludes the chance of gain. I show that a ban on all settlements …

Update On Antitrust And The Legal Issues Surrounding Cloning In The Equine World, Lewis T. Stevens

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Antitrust Law And The Minor League Reserve System, Ryan Mabry

Kaleidoscope

Minor League Baseball is a half-billion dollar a year industry in the United States. It has grown to its current state under an umbrella of protection from U.S. antitrust statutes. Beginning with the Federal Baseball decision in 1922, the Supreme Court has consistently ruled that professional baseball is exempt from both the Sherman and Clayton Acts— the seminal federal government statutes regarding antitrust. This status is unique; no other professional sport enjoys such immunity. If the exemption were lost, the effects on this staple of American culture would likely be extremely disruptive. Throughout this project, I analyzed the effects that …

Competitive Orders, The Final Monopoly, And The Second Most Important Invention In History, Steven Ferrey

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Aged Distilled Spirits Competitiveness Act: Increasing Kentucky's Economic Output While Leveling The Playing Field For Kentucky Distilleries, Drake Staples

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Towards The Heart Of The Sport: A Sporting Perspective On Abraham & Veneklasen Joint Venture V. American Quarter Horse Association, Samuel D. Hinkle, Maria Gall

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Inconsistency In Antitrust, Ramsi Woodcock

Law Faculty Scholarly Articles

When the price of a good is too high, consumers who can afford to pay cost, including enough profit to make production worth the manufacturer's while, but cannot pay enough to meet the high price, are forced to do without. Economics teaches that efficiency would increase if price were to fall to cost because at cost the manufacturer would still be glad to produce and consumers could now afford to purchase more of the good. Efficiency requires that where more for less is possible, more must be had for less.

Churchill Downs, Inc. V. Thoroughbred Horsemen's Group, Llc "Antitrust Liability And The Horse Racing Industry", Tara N. Hester

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Litigation As A Predatory Practice, Gary Myers

Kentucky Law Journal

No abstract provided.

Defining The Relevant Market In Health Care Antitrust Litigation: Hospital Mergers, Keith B. Hunter

Kentucky Law Journal

No abstract provided.

Antitrust Implications Of Agricultural Cooperatives, Stephen D. Hawke

Kentucky Law Journal

No abstract provided.

State Action Immunity And Preemption In Antitrust Challenges To State Pricing Laws: Alcoholic Beverage Control Board V. Taylor Drug Stores, Inc., Randy Donald Shaw

Kentucky Law Journal

No abstract provided.

Intracorporate Plurality In Criminal Conspiracy Law, Sarah N. Welling

Law Faculty Scholarly Articles

The concept of conspiracy currently plays a significant role in three areas of substantive law: antitrust, civil rights, and criminal law. Although the role of conspiracy in these substantive areas of law differs in many ways, all three require that the conspiracy consist of a plurality of actors. Determining what constitutes a plurality of actors when all the alleged conspirators are agents of a single corporation poses a continuing problem.

This problem raises two distinct questions. The first is whether, when one agent acts alone within the scope of corporate business, the agent and the corporation constitute a plurality. The …

Antitrust Boycott Analysis Applied To A Harness Racing Association, A. Vernon Carnahan, David S. Versfelt

Kentucky Law Journal

No abstract provided.

Are Antitrust Class Actions Dead In The Sixth Circuit?, Laura F. Rothstein

Kentucky Law Journal

No abstract provided.

Selected Antitrust Aspects Of Trademark Franchising, Edward M. Steutermann

Kentucky Law Journal

No abstract provided.

Regulation: A Defense To Anti-Merger Litigation?, G. E. Hale, Rosemary D. Hale

Kentucky Law Journal

No abstract provided.

Trade Regulation--Sale Below Cost--Evidence Of Intent, Eugene Mullins

Kentucky Law Journal

No abstract provided.

Anti-Trust Commercial Baking-Product Test For Restraint Of Trade And Attempt To Monopolize Under The Sherman Act, Stephen J. Johnson

Kentucky Law Journal

No abstract provided.

Failing Firms And The Merger Provisions Of The Antitrust Laws, G. E. Hale, Rosemary D. Hale

Kentucky Law Journal

No abstract provided.

Antitrust Law--Application Of The Sherman Act, Section One, To Bank Mergers, William H. Fortune

Kentucky Law Journal

No abstract provided.

Trading Stamps: Unfair Competition?, Joe C. Savage

Kentucky Law Journal

No abstract provided.

What Is New On Capitol Hill, Edwin H. Pewett

Kentucky Law Journal

No abstract provided.

Significant New Commission Developments, Paul Rand Dixon

Kentucky Law Journal

No abstract provided.

State Antitrust Enforcement And Coordination With Federal Enforcement, Stanley Mosk

Kentucky Law Journal

No abstract provided.

Antitrust--Past And Present, Milton Handler

Kentucky Law Journal

No abstract provided.

The Doctrine Of Judicial Ratification, Lee Loevinger

Kentucky Law Journal

No abstract provided.