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Antitrust and Trade Regulation Commons™

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2000

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Articles 61 - 77 of 77

Full-Text Articles in Antitrust and Trade Regulation

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."


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.


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.


Stepping Out In An Old Brown Shoe: In Qualified Praise Of Submarkets, Jonathan Baker Jan 2000

Stepping Out In An Old Brown Shoe: In Qualified Praise Of Submarkets, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Symposium: Antitrust At The Millennium (Part I), Jonathan Baker Jan 2000

Symposium: Antitrust At The Millennium (Part I), Jonathan Baker

Scholarly Articles in Law Reviews & Journals

To commemorate the new millennium, the Antitrust Law Journal commissioned essays from a diverse group of antitrust specialists-legal academics, practitioners, and economists. The authors were asked to take a decision or other significant text from antitrust's past and use it as a springboard to discuss some important aspect of antitrust's future. The results of this unique publishing project will be printed in two parts, the first half in Volume 68, Issue 1 (this issue) and the second half in Volume 68, Issue 3 (later this year).


University Of Richmond Law Review Jan 2000

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


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.


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 …


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.


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.


The First Principles Approach To Antitrust, Kodak, And Antitrust At The Millenium, Steven C. Salop Jan 2000

The First Principles Approach To Antitrust, Kodak, And Antitrust At The Millenium, Steven C. Salop

Georgetown Law Faculty Publications and Other Works

In this essay, I reflect on an important contribution to the development of antitrust reasoning and law that arises out of the Supreme Court's decision in Eastman Kodak Co. v. Technical Services, Inc. In particular, I discuss the decision's relationship to what I have termed the "first principles" approach to market power and antitrust. In my view, one reason that Kodak is important is that it does not take a wooden approach in its economic reasoning. Instead, the opinion nimbly applies the basic principles of competitive analysis to a difficult dynamic context. This enables the majority to avoid rigid adherence …


Competitive Effects Of Partial Ownership: Financial Interest And Corporate Control, Steven C. Salop, Daniel P. O'Brien Jan 2000

Competitive Effects Of Partial Ownership: Financial Interest And Corporate Control, Steven C. Salop, Daniel P. O'Brien

Georgetown Law Faculty Publications and Other Works

In this article, we set up an economic framework for analyzing the competitive effects of partial ownership interests. We have three main goals. First, we conceptually derive and explain the competitive effects of partial ownership, explaining its key elements and drawing analogies to the key ideas behind the analysis of horizontal mergers. Second, we present a general framework for evaluating the competitive effects of partial ownership that is analogous to, but at the same time recognizes key differences in the standard analysis for evaluating horizontal mergers. Third, we examine several methods of quantifying these competitive effects.


Market Power Requirement In Antitrust Rule Of Reason Cases: A Rhetorical History, The, Mark R. Patterson Jan 2000

Market Power Requirement In Antitrust Rule Of Reason Cases: A Rhetorical History, The, Mark R. Patterson

Faculty Scholarship

The requirement that an antitrust plaintiff show market power in rule of reason cases has an uninspiring history and unconvincing justifications. Such a requirement has never been adopted by the Supreme Court, and is currently imposed by only the Seventh and Fourth Circuits. Indeed, the requirement was never imposed very widely, despite frequent claims to the contrary. More significantly, the Seventh Circuit cases that initially established the requirement, and that continue to be cited for it, did so with misleading citations to cases from other circuits. Furthermore, the justifications that have been offered for the requirement have generally been either …


Shaping Competition On The Internet: Who Owns Product And Pricing Information, Maureen A. O'Rourke Jan 2000

Shaping Competition On The Internet: Who Owns Product And Pricing Information, Maureen A. O'Rourke

Faculty Scholarship

Historically, markets have almost always fallen short of satisfying the conditions for and providing consumers with the benefits of perfect competition. Certain characteristics of electronic markets, however, enhance the possibility that e-commercel will be conducted in an environment that comes closer to attaining the perfectly competitive ideal than that of most conventional markets.


Paradigm Changes In Telecommunications Regulation, Phil Weiser Jan 2000

Paradigm Changes In Telecommunications Regulation, Phil Weiser

Publications

No abstract provided.


Information Intervention: Bosnia, The Dayton Accords, And The Seizure Of Broadcasting Transmitters, Monroe E. Price Jan 2000

Information Intervention: Bosnia, The Dayton Accords, And The Seizure Of Broadcasting Transmitters, Monroe E. Price

Articles

The article examines the international community's use of media intervention in Bosnia following the Dayton Peace Accords, highlighting the establishment of mechanisms to regulate and influence media to prevent ethnic conflict. It explores the legal justifications and challenges surrounding such interventions, emphasizing the role of the Office of the High Representative (OHR) and the OSCE in promoting a pluralistic media environment. The analysis underscores the tension between international intervention and national sovereignty, raising important questions about the legal framework governing such actions.


Training Mediators To Listen: Deconstructing Dialogue And Constructing Understanding, Agendas, And Agreements, Lela P. Love Jan 2000

Training Mediators To Listen: Deconstructing Dialogue And Constructing Understanding, Agendas, And Agreements, Lela P. Love

Articles

This article examines the unique components of dialogue between disputing parties that mediators extract and reframe to move the discussion forward. The same components provide the building blocks of the discussion agenda and the framework of the mediation agreement. The article suggests a number of teaching strategies for training mediators to listen effectively and proactively.