Antitrust and Trade Regulation Commons^™

Assessing Market Efficiency In Corporate And Securities Litigation, Charles Korsmo, Minor Myers

Indiana Law Journal

In recent decades, courts have increasingly looked to trading prices as evidence—often conclusive evidence—in high-stakes corporate law disputes over a company’s fair value. This development has been especially dramatic, and consequential, in Delaware. Where a stock trades in an efficient market, the logic goes, the prevailing trading price can be used to resolve any disputed issue of valuation. But this expedient comes with an unavoidable question: When is a market “sufficiently efficient” for a court to rely on it as a measure of value?

 Federal courts have long experience evaluating the relative efficiency of trading markets in the context of …

The Antitrust Text, Herbert J. Hovenkamp

Indiana Law Journal

The antitrust laws are fully stated in two statutes that seem absurdly brief in relation to the work they do. Their brevity in relation to coverage has led to three phenomena. First is the tendency of courts to use the statutory text as no more than a starting point, treating it as a general principle, or “Magna Carta,” of free enterprise, and sometimes ignoring the statutory language altogether. Second, courts have responded to the statutory brevity with judicial development of numerous rules not mentioned in the statutory texts. The third phenomenon is a kind of expansionism, or belief that the …

Antitrust Class Actions In The Wake Of Procedural Reform, Christine P. Bartholomew

Indiana Law Journal

What is the current vitality of antitrust enforcement? Antitrust class actions—the primary mode of competition oversight—has weathered two decades of procedural reform. This Article documents the effects of those reforms. Relying on an original dataset of over 1300 antitrust class action settlements, this Article finds such cases alive but far from well. Certain suits do succeed on an impressive scale, returning billions of dollars to victims. But class action reform has made antitrust enforcement narrower, more time-consuming, and costlier than only a decade ago. And, as this Article’s sources reveal, new battle lines are forming. Across the political spectrum, people …

Ethnically Segmented Markets: Korean-Owned Black Hair Stores, Felix B. Chang

Indiana Law Journal

Races often collide in segmented markets where buyers belong to one ethnic group while sellers belong to another. This Article examines one such market: the retail of wigs and hair extensions for African Americans, a multi-billion-dollar market controlled by Korean Americans. Although prior scholarship attributed the success of Korean American ventures to rotating communal credit, this Article argues that their dominance in ethnic beauty supplies stems from collusion and exclusion.

This Article is the first to synthesize the disparate treatment of ethnically segmented markets in law, sociology, and economics into a comprehensive framework. Its primary contribution is to forge the …

Taming Sherman's Wilderness, Derrian Smith

Indiana Law Journal

This Note proceeds in four Parts. Part I outlines the interpretive difficulties spawned by the vagueness of the Sherman Act—particularly, the judiciary’s necessary but undeniable departures from the text of the statute and the resulting doctrinal confusion. Part II considers ways in which the judiciary’s decision-making in Sherman Act cases approximates agency rulemaking and whether it makes sense to delegate interpretive authority to an antitrust agency. Yet, while the agency solution has upside, it would not easily escape criticisms that the Act does not provide sufficient notice of the conduct it proscribes and that the Act is an impermissible delegation …

Procompetitive Justifications In Antitrust Law, John M. Newman

Indiana Law Journal

The Rule of Reason, which has come to dominate modern antitrust law, allows defendants the opportunity to justify their conduct by demonstrating procompetitive effects. Seizing the opportunity, defendants have begun offering increasingly numerous and creative explanations for their behavior.

But which of these myriad justifications are valid? To leading jurists and scholars, this has remained an “open question,” even an “absolute mystery.” Examination of the relevant case law reveals multiple competing approaches and seemingly irreconcilable opinions. The ongoing lack of clarity in this area is inexcusable: procompetitive-justification analysis is vital to a properly functioning antitrust enterprise.

This Article provides answers …

What Iron Pipefittings Can Teach Us About Public And Private Power In The Market, Sandeep Vaheesan

Indiana Law Journal

Government restrictions on competition, whether in the market for cars, hotel rooms, or taxicabs, have attracted a great deal of attention of late. As a basic matter, government is not exogenous to the market: a functioning state is, in reality, a precondition for modern markets. Because it establishes the rules necessary for markets to develop and potentially flourish, government unavoidably shapes the bounds and structures of the private economic sphere. And more specifically, public limitations on competition are not intrinsically hostile to the interests of ordinary Americans and can, in fact, advance vital social goals, such as full employment and …

Beyond Transparency: The Semantics Of Rulemaking For An Open Internet, Reza Rajabiun

Indiana Law Journal

In trying to promote the development of an open Internet, the U.S. Federal Communications Commission (FCC) has primarily tried to encourage network providers to be transparent about their traffic management practices and quality of service prioritization policies. Dominant network operators have successfully challenged this minimalist approach to addressing end-user concerns about the rise of a two-tiered Internet, motivating the FCC to engage in yet another public consultation process to assess its future approach to the problem. This article maps the debate using Natural Language Processing (NLP) tools that allow us to build a systematic picture of the positions of the …

The Double-Edged Sword Of Health Care Integration: Consolidation And Cost Control, Erin C. Fuse Brown, Jaime S. King

Indiana Law Journal

The average family of four in the United States spends $25,826 per year on health care. American health care costs so much because we both overuse and overpay for health care goods and services. The Affordable Care Act’s cost control policies focus on curbing overutilization by encouraging health care providers to integrate to pro-mote efficiency and eliminate waste, but the cost control policies largely ignore prices. This article examines this overlooked half of health care cost control policy: rising prices and the policy levers held by the states to address them. We challenge the conventional wisdom that reducing overutilization through …

North Carolina State Board Of Dental Examiners V. Ftc: Aligning Antitrust Law With Commerce Clause Jurisprudence Through A Natural Shift Of State-Federal Balance Of Power, Marie Forney

Indiana Law Journal

The Supreme Court’s holding in North Carolina State Board of Dental Examiners v. FTC (NC Dental)1 in February 2015 demonstrates a natural shift in the balance of power from the states to the national government. As the country’s interstate and international economy has become more integrated, federal authority has likewise expanded.2 And although the federalism dichotomy has undergone periodic back-and-forth “swings” since the nation’s founding, the end result has been a net increase in federal power. NC Dental exemplifies this trend toward increasing national au-thority through the organic development of interstate commerce.

Gmonopoly: Does Search Bias Warrant Antitrust Or Regulatory Intervention?, Andrew Langford

Indiana Law Journal

No abstract provided.

Behavioral Antitrust, Amanda P. Reeves, Maurice E. Stucke

Indiana Law Journal

No abstract provided.

Forward, John S. Applegate, Robert L. Fischman

Indiana Law Journal

Scientific information has become a centralr ationalef or environmental regulation, and scientific uncertainty is viewed as a major obstacle in developing, justifying, and enforcing environmental laws and policies. In the context of environmental regulation, scientific information may be analyzed as subject to both supply and demand. A regulatory system that supplies more scientific information than it demands can operate effectively to impose protective regulation. By contrast, a system that demands more information than it supplies will face a "data gap "and will fail to accomplish its protective goals. The data gap can be addressed by applying regulatory techniques that increase …

Patents Of Damocles, Christopher R. Leslie

Indiana Law Journal

No abstract provided.

Reconciling The Harvard And Chicago Schools: A New Antitrust Approach For The 21st Century, Thomas A. Piraino Jr.

Indiana Law Journal

No abstract provided.

The Commercial Exception: A Necessary Limitation To The Noerr-Pennington Doctrine, Mathew R. Gutwein

Indiana Law Journal

No abstract provided.

Patient Coercion By Hospitals: A Comparison Of Antitrust Standards In Hyde And Rumple, Cindy L. Porter

Indiana Law Journal

No abstract provided.

Antitrust And Amateur Sports: The Role Of Noneconomic Values, Wendy T. Kirby, T. Clark Weymouth

Indiana Law Journal

SYMPOSIUM: Antitrust Issues In Amateur Sports, held at the Indiana University School of Law - March 1985

Antitrust: The Emerging Legal Issues (Symposium Introduction), John Scanlan

Indiana Law Journal

SYMPOSIUM: Antitrust Issues In Amateur Sports, held at the Indiana University School of Law - March 1985

The Economic Realities Of Amateur Sports Organization, James V. Koch

Indiana Law Journal

SYMPOSIUM: Antitrust Issues In Amateur Sports, held at the Indiana University School of Law - March 1985

"Don't Talk Of Fairness": The Chicago School's Approach Toward Disciplining Professional Athletes, Robert H. Heidt

Indiana Law Journal

SYMPOSIUM: Antitrust Issues In Amateur Sports

Held at Indiana University School of Law - March 1985

Alternative Broadcasting Arrangements After Ncaa, Byron L. Gregory, J. Craig Busey

Indiana Law Journal

SYMPOSIUM: Antitrust Issues In Amateur Sports

Held at Indiana University School of Law - March 1985

State Antitrust In The Federal Scheme, Herbert Hovenkamp

Indiana Law Journal

No abstract provided.

The Federal Trade Commission, Injunctive Relief, And Allegedly Anticompetitive Mergers: Preliminary Relief Under The Federal Trade Commission Act, David M. Stryker

Indiana Law Journal

No abstract provided.

Regulatory Takings: The Supreme Court Runs Out Of Gas In San Diego, Douglas W. Kmiec

Indiana Law Journal

No abstract provided.

Constitutional Limitations On Government Disclosure Of Private Trade Secret Information, Richard W. Young

Indiana Law Journal

No abstract provided.

Rate Base Evaluation And Vertical Integration: Shifting Standards In Telephone Regulation, James Mcconnaughey, Manley R. Irwin

Indiana Law Journal

No abstract provided.

The "Market Necessity" Defense In Antitrust: A New Limit On The Area For Application Of Per Se Rules?, Clement B. Wood

Indiana Law Journal

No abstract provided.

Decision Theory And Antitrust: Quantitative Evaluation For Efficient Enforcement, Ira Horowitz

Indiana Law Journal

No abstract provided.

The Possibilities And Limits Of Decision Theory In Antitrust: A Response To Professor Horowitz, Joseph F. Brodley

Indiana Law Journal

No abstract provided.