Antitrust and Trade Regulation Commons^™

Politicization Of Antitrust: Part Ii - Politics And Communication By Antitrust Enforcers, Stephen Calkins

Law Faculty Research Publications

Early communications from the new Trump antitrust agencies seem unusually partisan. One can find multiple references to Make America Great Again and ushering in America’s Golden Age. Veteran observers’ instinct is that this is not business as usual. This essay checks that intuition against some facts. In particular, it examines press releases introducing officials and/ or referring to the White House, and the first ten speeches or other publications (as collected on agency websites) for current FTC Chairman Andrew Ferguson, Assistant Attorney General Abigail Slater, and a good number of their predecessors. The conclusion: yes, things are different. The typical …

Two Cheers For The Revolving Door, Stephen Calkins, Erica Straus

Law Faculty Research Publications

Where do top US government antitrust lawyers come from – and go to? The so-called “revolving door” has long been a familiar part of the process. In recent years and especially during the Biden Administration, this custom has attracted increased attention and concern. What are the facts? This chapter sets out, in detailed tables, the background and subsequent employment of top government antitrust lawyers. Many enforcers came from major law firms (FTC commissioners much less frequently than others) and leave for major law firms. (Although studied in less detail, top state antitrust enforcers are starting to transition to major law …

The Lottery Docket, Daniel Epps, William Ortman

Law Faculty Research Publications

No abstract provided.

Reflections On Matsushita And Equilibrating Tendencies: Lessons For Competition Authorities, Stephen Calkins

Law Faculty Research Publications

No abstract provided.

Judicial Authority In Wto Law: A Commentary On The Appellate Body's Decision In China-Rare Earths, Julia Ya Qin

Law Faculty Research Publications

No abstract provided.

Editorial – Both Sides Now, Stephen Calkins, Marek Martyniszyn

Law Faculty Research Publications

No abstract provided.

Reforming Wto Discipline On Export Duties: Sovereignty Over Natural Resources, Economic Development And Environmental Protection, Julia Ya Qin

Law Faculty Research Publications

The current World Trade Organization (WTO) regime on export restraints comprises two extremes: at one end is the near-complete freedom to levy export duties enjoyed by most Members, which renders theWTO discipline on export restrictions largely ineffective; at the other end, the rigid obligations imposed on several acceding Members prohibiting the use of export duties for any purpose.The recent WTO ruling in China-Raw Materials has only solidified the latter extreme. This article seeks to expose the irrationality of the current regime, especially the problems created by the rigid obligations of the several acceding Members. It contends that such obligations deprive …

The Predicament Of China's "Wto-Plus" Obligation To Eliminate Export Duties: A Commentary On The China-Raw Materials Case, Julia Ya Qin

Law Faculty Research Publications

No abstract provided.

Arbitration And Antitrust: Navigating The Contours Of Mandatory Law, Charles H. Brower Ii

Law Faculty Research Publications

No abstract provided.

Pushing The Limits Of Global Governance: Trading Rights, Censorship And Wto Jurisprudence -- A Commentary On The China-Publications Case, Julia Ya Qin

Law Faculty Research Publications

For decades, China has maintained State import monopoly in cultural products. The opaque State trading operations ensure a maximum level of flexibility and efficacy in the government censorship of imports. The WTO judiciary held in the China-Publicationscase that this practice is inconsistent with China's trading rights commitments under its Accession Protocol and cannot be justified by the public morals exception of the General Agreement on Tariffs and Trade. To comply with the WTO ruling, China must restructure its censorship regime, which it apparently is not prepared to do. This article analyses the implications of the WTO decision and provides a …

The Challenge Of Interpreting 'Wto-Plus' Provisions, Julia Ya Qin

Law Faculty Research Publications

This paper seeks to address special interpretive issues raised by the China Accession Protocol, focusing on provisions that prescribe more stringent rules for China than generally applicable WTO disciplines. These ‘WTO-plus’ provisions have already been involved in several WTO disputes. In the light of these disputes, the paper analyzes the interpretive challenge presented by the Protocol and suggests that, to meet the challenge, WTO adjudicators need to embrace a more holistic and systemic interpretive approach. The paper then proposes three working principles that may help to interpret the WTO-plus provisions of the Protocol in a coherent and systematic manner.

The Architecture Of Health Care Markets: Economic Sociology And Antitrust Law, Peter J. Hammer

Law Faculty Research Publications

No abstract provided.

Civil Monetary Remedies Available To Federal Antitrust Enforcers, Stephen Calkins

Law Faculty Research Publications

No abstract provided.

Antitrust Modernization: Looking Backwards, Stephen Calkins

Law Faculty Research Publications

Once again a national commission is attempting to address problems in antitrust law and enforcement. At this writing, the Antitrust Modernization Commission (AMC) is well underway. The AMC has identified 25 issues for study, and is receiving comments and holding hearings. This brief Article looks backward at previous efforts to use commissions to improve antitrust. It reviews those efforts, evaluates the results, and provides some lessons (and cautions) for other modernizers.

Defining Nondiscrimination Under The Law Of The World Trade Organization, Julia Ya Qin

Law Faculty Research Publications

No abstract provided.

90 Years And Two Days In Forty-Five Minutes, Stephen Calkins

Law Faculty Research Publications

No abstract provided.

Monopsony As An Agency And Regulatory Problem In Health Care, Peter J. Hammer, William M. Sage

Law Faculty Research Publications

No abstract provided.

"Wto-Plus" Obligations And Their Implications For The Wto Legal System: An Appraisal Of The China Accession Protocol, Julia Ya Qin

Law Faculty Research Publications

No abstract provided.

Antitrust, Health Care Quality, And The Courts, Peter J. Hammer, William M. Sage

Law Faculty Research Publications

Antitrust law represents the principal legal tool that the United States employs to police private markets, yet it often relegates quality and nonprice considerations to a secondary position. While antitrust law espouses the belief that vigorous competition will enhance quality as well as price, little evidence exists of the practical ability of courts to deliver on that promise. In this Article, Professors Hammer and Sage examine American health care as a vehicle for advancing understanding of the nexus among competition, quality, and antitrust law. The Article reports the results of a comprehensive empirical review of judicial opinions in health care …

The Antitrust Conversation, Stephen Calkins

Law Faculty Research Publications

No abstract provided.

California Dental Association: Not The Quick Look But Not The Full Monty, Stephen Calkins

Law Faculty Research Publications

No abstract provided.

Antitrust Beyond Competition: Market Failures, Total Welfare, And The Challenge Of Intramarket Second-Best Tradeoffs, Peter J. Hammer

Law Faculty Research Publications

No abstract provided.

Is The Use Of The Doctrine Of Equivalents To Fix Mistakes A Mistake?, Martin Adelman

Law Faculty Research Publications

No abstract provided.

Questioning Traditional Antitrust Presumptions: Price And Non-Price Competition In Hospital Markets, Peter J. Hammer

Law Faculty Research Publications

Hospital mergers challenge basic assumptions about the effects of market power in the health care industry. Antitrust courts have struggled with claims that hospital mergers may in fact reduce costs and lower prices. This Article assesses the validity of these economic claims in the context of an industry that has undergone radical transformations in recent years. The Article also explores how such arguments should be treated as a matter of antitrust doctrine in an area of the law that relies heavily on market share presumptions and rule-based decision making. The Article contends that courts should employ a total welfare standard …

An Enforcement Official’S Reflections On Antitrust Class Actions, Stephen Calkins

Law Faculty Research Publications

No abstract provided.

Corporate Compliance And The Antitrust Agencies' Bi-Modal Penalites, Stephen Calkins

Law Faculty Research Publications

No abstract provided.

Copperweld In The Courts: The Road To Caribe, Stephen Calkins

Law Faculty Research Publications

No abstract provided.

The October 1992 Supreme Court Term And Antitrust: More Objectivity Than Ever, Stephen Calkins

Law Faculty Research Publications

Time and again the Rehnquist Court has favored antitrust certainty. When faced with a choice between achieving individualized justice and adhering to relatively clear, generalized rules, it has usually chosen the latter. The certainty of objective evidence has been preferred to the more customized resort to subjective evidence.

This pattern continued during the 1992-93 term. Perceived objectivity through generalized rules triumphed in the term's four antitrust cases, Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc., Spectrum Sports, Inc. v. McQuillan, Hartford Fire Insurance Co. v. California, and Brooke Group Ltd. v. Brown & Williamson Tobacco …

Supreme Court Antitrust 1991-92: The Revenge Of The Amici, Stephen Calkins

Law Faculty Research Publications

No abstract provided.

China And Gatt: Accession Instead Of Resumption, Ya Qin

Law Faculty Research Publications

No abstract provided.