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Antitrust and Trade Regulation Commons™

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2000

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Articles 31 - 60 of 76

Full-Text Articles in Antitrust and Trade Regulation

Strategies To Promote Advanced Telecommunications Capabilities, Bob Rowe Mar 2000

Strategies To Promote Advanced Telecommunications Capabilities, Bob Rowe

Federal Communications Law Journal

Section 706 instructs both the FCC and state public utility commissions to promote deployment of advanced telecommunications capabilities. Much policy discussion of broadband access to date has focused on rearguing preexisting telecommunications policy debates, and has not produced significant incremental deployment of ATCs. ATC issues are much more diverse and specific than is commonly assumed, potentially requiring a menu of strategies to resolve. The "cooperative federalist" structure of the Telecommunications Act provides important context and guidance for implementing section 706. A Federal-State Joint Conference or task force would be a cooperative federalist vehicle for identifying ATC issues, developing strategies to …

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The Game Of Radiopoly: An Antitrust Perspective Of Consolidation In The Radio Industry, Sarah Elizabeth Leeper Mar 2000

The Game Of Radiopoly: An Antitrust Perspective Of Consolidation In The Radio Industry, Sarah Elizabeth Leeper

Federal Communications Law Journal

The Telecommunications Act of 1996 eliminated nationwide radio ownership restrictions and liberalized local ownership caps. As a result of this deregulation, the radio industry has experienced mass consolidation. Faced with an unprecedented number of proposed mergers, the federal antitrust enforcement agencies play an increasingly important role in the outcome of media mergers. The Horizontal Merger Guidelines, the primary vehicle of antitrust enforcement, address primarily economic factors to prevent anticompetitive mergers. Despite the healthy revenues generated through economies of scope and scale, it is questionable whether a sufficient regulatory mechanism exists to ensure diversity of voices. Although it is still too …

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Bargaining Theory And Regulatory Reform: The Political Logic Of Inefficient Regulation, David B. Spence, Lekha Gopalakrishnan Mar 2000

Bargaining Theory And Regulatory Reform: The Political Logic Of Inefficient Regulation, David B. Spence, Lekha Gopalakrishnan

Vanderbilt Law Review

In this Article David Spence and Lekha Gopalakrishnan pro- pose a new understanding of regulatory bargaining. Economists and others have long argued that the American regulatory system is unnecessarily inefficient. Critics charge that the system is both substantively inefficient, in that it sometimes mandates the use of inefficient means for achieving a regulatory goal, and procedurally inefficient, in its over-reliance on rules. These arguments have led to a wave of regulatory reform experiments in the federal bureaucracy, many of which seek to promote positive-sum changes in regulatory policy through bargaining among private- and public-sector stakeholders. As several commentators have noted, …

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Copyright And Antitrust: The Effects Of The Digital Performance Rights In Sound Recordings Act Of 1995 In Foreign Markets, Connie C. Davis Mar 2000

Copyright And Antitrust: The Effects Of The Digital Performance Rights In Sound Recordings Act Of 1995 In Foreign Markets, Connie C. Davis

Federal Communications Law Journal

The licensing of copyrighted nondramatic works by performance rights societies has long been recognized as a potential source of antitrust violations. In 1995, the Congress passed the Digital Performance Rights in Sound Recordings Act in an effort to deal with the licensing problems associated with nondramatic musical works. The DPRSRA created a right in sound recordings to perform the copyrighted work publicly by means of a digital audio transmission as well as establishing compulsory licensing scheme. However, the DPRSRA failed to address the problem of licensing of nondramatic works in foreign markets. This Note identifies the anticompetitive licensing scheme practiced …

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Online Auction Fraud: Are The Auction Houses Doing All They Should Or Could To Stop Online Fraud?, James M. Snyder Mar 2000

Online Auction Fraud: Are The Auction Houses Doing All They Should Or Could To Stop Online Fraud?, James M. Snyder

Federal Communications Law Journal

In April 1998, the FTC released a consumer alert pertaining to the increasing problem of online auction fraud. As the number of online auction participants increased, online auction fraud was becoming more prevalent. The FTC requested comments regarding methods that would be appropriate for curbing the increase in consumer deception. Many in the online auction industry proposed voluntary self-regulation. This Note exposes the inadequacy of industry self-regulation by analogizing online auction abuse with the misuse and near downfall of the 900-number industry. This Note proposes that only a regime of strict industry guidelines that the FTC initiates will halt online …

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The Meaning Of "Agreement" Under The Sherman Act: Thoughts From The "Facilitating Practices" Experience, George A. Hay Mar 2000

The Meaning Of "Agreement" Under The Sherman Act: Thoughts From The "Facilitating Practices" Experience, George A. Hay

Cornell Law Faculty Publications

While the Economic Policy Office was involved in a number of interesting and important matters during the six years I was Director (1973–1979), for the most part my involvement in individual investigations and cases was vicarious, i.e., supervising, supporting, and advising the staff economists assigned to the particular matter. The one major exception – a matter in which I became personally involved in an intensive way – was the General Electric (GE)-Westinghouse price signaling matter. In what follows, I provide a brief summary of what transpired in the GE-Westinghouse matter and then trace through some of the longer term consequences …

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Antitrust In Japan: The Original Intent, Harry First Feb 2000

Antitrust In Japan: The Original Intent, Harry First

Washington International Law Journal

This Article examines the "original intent" of those involved in drafting Japan's Antimonopoly Act, passed in 1947. Japanese sources generally assume this legislation to be pure American invention, a foreign transplant that the Japanese did not understand and that was improperly imposed on a country in which antitrust was, and continues to be, irrelevant. Drawing on original Occupation documents, however, this Article shows that negotiators from Japan's government understood perfectly well what the legislation was about. More than understanding, the government of Japan in fact drafted the statute that was finally enacted, and its provisions reflect the success Japan's negotiators …

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Antitrust Beyond Competition: Market Failures, Total Welfare, And The Challenge Of Intramarket Second-Best Tradeoffs, Peter J. Hammer Feb 2000

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

Michigan Law Review

Should antitrust law ever sanction the accumulation of market power or permit other restraints of trade if such conduct would increase social welfare? This is the challenge raised by intramarket second- best tradeoffs. The lesson of second-best analysis is that one market failure can sometimes counteract the effects of another market failure. In the presence of multiple market failures, it is conceivable that mergers or other restraints traditionally viewed as anticompetitive may be welfare-enhancing. A social planner, given the mandate of maximizing total welfare, would permit such restraints. Could an antitrust judge come to the same result under a defensible …

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Afterword: Antitrust And American Business Abroad Revisited, David J. Gerber Jan 2000

Afterword: Antitrust And American Business Abroad Revisited, David J. Gerber

All Faculty Scholarship

No abstract provided.

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Commentary On Professor Spencer Weber Waller, Bringing Globalism Home: Lessons From Antitrust And Beyond, W. David Braun Jan 2000

Commentary On Professor Spencer Weber Waller, Bringing Globalism Home: Lessons From Antitrust And Beyond, W. David Braun

Loyola University Chicago Law Journal

No abstract provided.

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Professor Waller's Un-American Approach To Antitrust, Robert H. Lande Jan 2000

Professor Waller's Un-American Approach To Antitrust, Robert H. Lande

Loyola University Chicago Law Journal

No abstract provided.

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Reflections On The Fcc's Recent Approach To Structural Regulation Of The Electronic Mass Media, Lili Levi Jan 2000

Reflections On The Fcc's Recent Approach To Structural Regulation Of The Electronic Mass Media, Lili Levi

Articles

No abstract provided.

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Afterword: Antitrust And American Business Abroad Revisited, David J. Gerber Jan 2000

Afterword: Antitrust And American Business Abroad Revisited, David J. Gerber

Northwestern Journal of International Law & Business

Kingman Brewster's exceptionally influential Antitrust and American Business Abroad (1958) came to symbolize an era in antitrust law and in the relationship of U.S. business to international economic activity. It gave conceptual contours to a fundamental problem that had been only dimly perceived before -- namely, the need to define the reach of U.S. antitrust law.' In a masterful and much expanded third edition of the book, Professor Spencer Waller marks the transition to a new, very different, and far more complex era in antitrust law and in its significance for international business. We have only begun to recognize and …

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A Comparative Study Of The Question Of Extraterritorial Application Of The Competition Law, Il Hyung Jung Jan 2000

A Comparative Study Of The Question Of Extraterritorial Application Of The Competition Law, Il Hyung Jung

Penn State International Law Review (1982 - 2011)

No abstract provided.

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Competition Laws Of The European Union In The Face Of The New Single Currency Market, 33 J. Marshall L. Rev. 715 (2000), Rebecca Schoenfeldt Jan 2000

Competition Laws Of The European Union In The Face Of The New Single Currency Market, 33 J. Marshall L. Rev. 715 (2000), Rebecca Schoenfeldt

UIC Law Review

No abstract provided.

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Can U.S. Antitrust Laws Open International Markets?, Spencer Weber Waller Jan 2000

Can U.S. Antitrust Laws Open International Markets?, Spencer Weber Waller

Northwestern Journal of International Law & Business

The vigorous and non-discriminatory enforcement of antitrust law can contribute to promoting an international marketplace characterized by an open competitive process. However, antitrust law is, at best, a supporting player in constructing a liberal multilateral trading order, and is incapable of promoting any single country's exports. This article suggests a small, but important, role for United States antitrust law in promoting that competitive marketplace in conjunction with a developing wave of competition law around the globe.

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Transnational Competition Law Aspects Of Mergers And Acquisitions, William M. Hannay Jan 2000

Transnational Competition Law Aspects Of Mergers And Acquisitions, William M. Hannay

Northwestern Journal of International Law & Business

As more and more U.S. companies engage in overseas operations, even the most routine merger or acquisition seems to have a transnational component which requires analysis and perhaps premerger notification under an increasing number of foreign "competition laws" (or what we call antitrust laws). An understanding of those competition rules has become an imperative for American lawyers.

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National Courts And International Arbitration: Exhaustion Of Remedies And Res Judicata Under Chapter Eleven Of Nafta, William S. Dodge Jan 2000

National Courts And International Arbitration: Exhaustion Of Remedies And Res Judicata Under Chapter Eleven Of Nafta, William S. Dodge

Faculty Scholarship

No abstract provided.

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Annual Survey Of Virginia Law: Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore Jan 2000

Annual Survey Of Virginia Law: Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore

University of Richmond Law Review

During the past year, this country has devoted much attention, with good reason, to the Microsoft trial and appeal. Not since the breakup of Ma Bell's stronghold on the telecommunications industry in the early 1980s has a single legal battle posed so significant a change for both an industry and its consumers. In fact, given the far-reaching effects of this decision on other related industries and consumers, it likely will be years before its ultimate impact can be assessed.

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California Dental Association: Not The Quick Look But Not The Full Monty, Stephen Calkins Jan 2000

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

Law Faculty Research Publications

No abstract provided.

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Antitrust Beyond Competition: Market Failures, Total Welfare, And The Challenge Of Intramarket Second-Best Tradeoffs, Peter J. Hammer Jan 2000

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.

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Bringing Globalism Home: Lessons From Antitrust And Beyond, Spencer Weber Waller Jan 2000

Bringing Globalism Home: Lessons From Antitrust And Beyond, Spencer Weber Waller

Loyola University Chicago Law Journal

No abstract provided.

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Antitrust Guideposts For B2b Electronic Marketplaces, Hillary Greene, Gail F. Levine Jan 2000

Antitrust Guideposts For B2b Electronic Marketplaces, Hillary Greene, Gail F. Levine

Faculty Articles and Papers

No abstract provided.

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Is The Use Of The Doctrine Of Equivalents To Fix Mistakes A Mistake?, Martin Adelman Jan 2000

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

Law Faculty Research Publications

No abstract provided.

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Antitrust And Market Power, Milton A. Marquis Jan 2000

Antitrust And Market Power, Milton A. Marquis

Richmond Journal of Law & Technology

The antitrust laws have been described as the "Magna Carta of free enterprise."

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Market Power And Antitrust Issues In The Restructuring Of The Electric Industry, David L. Cruthirds Jan 2000

Market Power And Antitrust Issues In The Restructuring Of The Electric Industry, David L. Cruthirds

Richmond Journal of Law & Technology

Dynegy is one of the country's leading energy merchants - formerly NGC Corporation and Natural Gas Clearinghouse.

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Market Power And The Ftc, John C. Hilke Jan 2000

Market Power And The Ftc, John C. Hilke

Richmond Journal of Law & Technology

Although the DOJ/FTC Merger Guidelines provide a firm foundation for analyzing changes in prospective market power resulting from a proposed merger, the analysis does not focus on detecting or measuring market power that may already exist in the market. Further, antitrust enforcement is focused on anti-competitive mergers and unfair forms of competition. From an antitrust perspective, a firm that lawfully acquired market power does not commit an antitrust offense merely by exercising that power, unless it engages in unfair methods of competition to protect that power.

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Antitrust Issues Meet Natural Gas & Electric System Reliability Issue In A Competitive Marketplace, Mark T. Maassel Jan 2000

Antitrust Issues Meet Natural Gas & Electric System Reliability Issue In A Competitive Marketplace, Mark T. Maassel

Richmond Journal of Law & Technology

Mr. Maassel's outline for his speech.

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Bringing Globalism Home: Lessons From Antitrust And Beyond, Spencer Weber Waller Jan 2000

Bringing Globalism Home: Lessons From Antitrust And Beyond, Spencer Weber Waller

Faculty Publications & Other Works

No abstract provided.

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Can U.S. Antitrust Law Open International Markets?, Spencer Weber Waller Jan 2000

Can U.S. Antitrust Law Open International Markets?, Spencer Weber Waller

Faculty Publications & Other Works

No abstract provided.

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