Antitrust and Trade Regulation Commons^™

Motion Picture Ratings In The United States, Richard M. Mosk

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Reflections On The Ratings Craze, Joseph Lieberman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

U.S. Supreme Court Subordinates Enforcement Of Regulatory Statutes To Enforcement Of Arbitration Agreements, Christine L. Davitz

Vanderbilt Journal of Transnational Law

Through a series of cases culminating with Vimar Seguros Y Reaseguros v. M/V Sky Reefer, the U.S. Supreme Court has developed a strong pro-arbitration stance regarding disputes arising out of international commercial contracts. This Note analyzes the Court's reasons for this stance and compares those reasons with the history and purposes of the Federal Arbitration Act and the New York Convention. The author concludes that the Court's reasons are at odds with the FAA and the New York Convention. The Note further articulates the dangers posed to U.S. public policies that are created by allowing arbitration of statutory claims. The …

Altering The Balance Between State Sovereignty And Competition: The Impact Of Seminole Tribe On The Antitrust State Action Immunity Doctrine, Susan Beth Farmer

Faculty Scholarship

In the post-Seminole Tribe world, the legal analysis in situations where states have chosen regulation over competition, supplanting the free functioning of markets, will diverge depending upon the identity of the defendant. If a state, its agencies, or departments are the named defendants, the broader Eleventh Amendment analysis controls and claims for damages against government entities must be dismissed on the ground of sovereign immunity. If the defendant is a private firm, the narrower State Action Doctrine, which has been crafted to balance true exercise of state sovereignty against the goal of competition, provides immunity for private defendants. As …

Antitrust: Will It Change The Lives Of Telecommunications Executives?, Deborah V. Ellenberg, Glen O. Robinson, Michael F. Urbanski, James R. Wade

Richmond Journal of Law & Technology

Good afternoon. This is the last panel of the afternoon. I would like to introduce myself. I'm Deborah Ellenberg, one of the hearing examiners at the State Corporation Commission, and I might add, who has a heightened appreciation for the Virginia Commission's wise decision to handle those arbitrations. I am sure on behalf of Howard, Glenn and myself, we thank you for that decision.

Price Theory And Vertical Restraints: A Misunderstood Relation, Alan J. Meese

Faculty Publications

The Chicago School of antitrust analysis has exerted a strong influence over the law of vertical restraints in the past two decades, leading the Supreme Court to abandon much of its traditional hostility toward such agreements. Chicago's success has provoked a vigorous response from Populists, who support the traditional approach. Chicago, Populists claim, has improperly relied upon neoclassical price theory to inform the normative and descriptive assumptions that drive its analysis of trade restraints generally and of vertical restraints in particular. This reliance is misplaced, Populists assert, because the real world departs from that portrayed by price-theoretic models and, at …

Tying Meets The New Institutional Economics: Farewell To The Chimera Of Forcing, Alan J. Meese

Faculty Publications

No abstract provided.

The Problem With Baker Hughes And Syufy: On The Role Of Entry In Merger Analysis, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Product Differentiation Through Space And Time: Some Antitrust Policy Issues, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Factional Foundations Of Competition Policy In America 1888-1992, James May

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Mergers And Acquisitions In The European Community And The United States: A Movement Toward A Uniform Enforcement Body, David Snyder

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Consumer Sovereignty: A Unified Theory Of Antitrust And Consumer Protection Law, Neil W. Averitt, Robert H. Lande

All Faculty Scholarship

This article is about the relationship between antitrust and consumer protection law. Its purpose is to define each area of law, to delineate the boundary between them, to show how they interact with each other, and to show how they ultimately support one another as the two component parts of an overarching unity: effective consumer choice (also called consumer sovereignty).

Consumer choice only is effective when two fundamental conditions are present. There must be a range of consumer options made possible through competition, and consumers must be able to choose effectively among these options. The antitrust laws are intended to …

Antitrust: Harold's V. Dillard: It Takes Two To Tango--Except In Oklahoma: The Tenth Circuit Interprets Oklahoma Antitrust Law To Reach Unilateral Activity, Eric Scott Smith

Oklahoma Law Review

No abstract provided.

Continuous Regulatory Reform At The Federal Trade Commission, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Antitrust: Systemcare, Inc. V. Wang Laboratories Corp.: Evaluating Unilateral Behavior In The Tenth Circuit, Michael R. Barnett

Oklahoma Law Review

No abstract provided.