Antitrust and Trade Regulation Commons^™

A Digital Free Trade Zone And Necessarily-Regulated Self-Governance For Electronic Commerce: The World Trade Organization, International Law, And Classical Liberalism In Cyberspace, 20 J. Marshall J. Computer & Info. L. 595 (2002), Kristi L. Bergemann

UIC John Marshall Journal of Information Technology & Privacy Law

In the absence of a world government, cross border trade is always subject to rules that must be politically negotiated among nations that are sovereign in their own realm but not outside their borders. The author explores the development of an international trade and e-commerce paradigm in two main phases as the Internet superhighway bridges nations together. She argues that the construction of an international trading framework must strike the appropriate balance between institutional order and norms and the human and business realities of free trade and democracy. She further argues that the balance can be achieved by creating an …

Vietnam’S Antitrust Legislation And Subscription To E-Asean: An End To The Bamboo Firewall Over Internet Regulation, 20 J. Marshall J. Computer & Info. L. 631 (2002), Robert Neil Wilkey

UIC John Marshall Journal of Information Technology & Privacy Law

As a result of an unprecedented congestion of its Internet and mobile phone communications, many technocrats in Vietnam trace such problems to government policy driven by security concerns. Therefore, the author in this article analyzes Vietnam's regulatory response to Internet technology. The author first discusses the historical background of Vietnam's management and regulatory policy over the Internet. He argues that the policy is essentially the result of socialist assumptions of the state's dominant role in the country's economic growth. Under its 1997 decree regarding Internet usage, the General Director of the General Postal Bureau has the exclusive authority and primary …

The Abcs And Ntbs Of Gmos: The Great European Union-United States Trade Debate - Do European Restrictions On The Trade Of Genetically Modified Organisms Violate Internaitonal Trade Law, Sarah Lively

Northwestern Journal of International Law & Business

The genetic engineering of agriculture has spurred a lively worldwide discussion, and the technology has found both enthusiastic fans and formidable foes. Specifically, the United States has signed on as a proponent of the genetic modification of agriculture. In fact, the United States has become the largest producer of genetically modified organisms ("GMOs") and is consequently the leading exporter of genetically modified goods. On the other side of this debate lies the European Community ("EC"). The European Community is much less enthusiastic about GMOs and effectively questions their presence in our environment and food products. The European Community has focused …

Introduction, Jeffrey M. Cross

Loyola Consumer Law Review

No abstract provided.

From Hollywood To Hong Kong - Criminal Antitrust Enforcement Is Coming To A City Near You, Scott D. Hammond

Loyola Consumer Law Review

No abstract provided.

The Organized Bar And Antitrust: Change, Continuity, And Influence, Stephen Calkins

Loyola Consumer Law Review

No abstract provided.

How Doctors Became Distributors: A Fabled Story Of Vertical Relations, Peter J. Hammer

Loyola Consumer Law Review

No abstract provided.

Who Determines The Optimal Trade-Off Between Quality And Price?, Barbara Ann White

Loyola Consumer Law Review

No abstract provided.

Parallel Antitrust Investigations: The Long Arm Of The Doj From The Perspective Of An E.U. Defense Counsel, Roderick Lambert

Loyola Consumer Law Review

No abstract provided.

Damages In Private Antitrust Actions In Europe, Jonathan Sinclair

Loyola Consumer Law Review

No abstract provided.

Antitrust Beyond Borders: Some Concluding Thoughts On The Globalization Of Antitrust, David C. Gustman

Loyola Consumer Law Review

No abstract provided.

An International Antitrust Dilemma: An Analysis Of The Interaction Of Antitrust Laws In The United States And The European Union, 36 J. Marshall L. Rev. 271 (2002), Sandra Ferson Young

UIC Law Review

No abstract provided.

Turning Competition On Its Head: Economic Analysis Of The Ec's Decision To Bar The Ge-Honeywell Merger, Paul Jin

Northwestern Journal of International Law & Business

On July 3, 2001, the Commission of the European Communities ("Commission") rejected the proposed $45 billion merger between The General Electric Company ("GE") and Honeywell International, Inc. ("Honeywell"), which U.S. antitrust regulators had approved. Of the some 400 mergers involving U.S. companies reviewed by the Commission since 1990, only one had ever been barred. In that instance, however, U.S. authorities had also blocked the proposed transaction. Thus, the failed GE-Honeywell merger marked the first time the Commission had blocked a merger involving U.S. companies that had been approved by U.S. authorities. The Commission's move to block the GE-Honeywell merger brought …

Can Cleveland Clinic Health System Be Trusted: Whether A Proposed Merger Or Acquisition By Cleveland Clinic Health System Will Substantially Impair The Competitive Health Care Market In Northeast Ohio Resulting In A Violation Of Federal Antitrust Statutes, Matthew T. Polito

Journal of Law and Health

This article analyzes the implications of the Clayton Antitrust Act (Clayton Act) and the Sherman Antitrust Act (Sherman Act) as they pertain to the Cleveland Clinic Health System (CCHS). Part One provides background analysis of these two statutes, and the application of those statutes to mergers in the health care industry. Part Two discusses the elements needed to prove the government's prima facie case. This consists of a discussion of a relevant market, which includes the product and geographic markets. This section also contains a description and analysis of market concentration, measured by the Herfindahl-HIrschman Index (HHI). Part Three provides …

Who Determines The Optimal Trade-Off Between Quality And Price?, Barbara Ann White

All Faculty Scholarship

The question of the optimal trade-off between quality and price has become increasingly important as well as complex in recent times, as the advances of modern technology permit a far more refined range of choices. These subtleties among choices allow an individual, a group, or a society to titrate more precisely degrees of quality with almost any product or service, coupled, of course, with counterbalancing price consequences.

In 2002, as Program Chair of the Antitrust Section of the Association of American Law Schools, I organized a panel entitled “Guilds at the Millennium: Antitrust and the Professions” and served as one …

Introduction, Susan Beth Farmer

Loyola Consumer Law Review

No abstract provided.

Law School Accreditation: The Applicability Of State Action And Noerr Exemptions, And First Amendment Principles, Marina Lao

Loyola Consumer Law Review

No abstract provided.

A Perfect Storm On The Sea Of Doubt: Physicians, Professionalism And Antitrust, Thomas L. Greaney

Loyola Consumer Law Review

No abstract provided.

The United States As Antitrust Courtroom To The World: Jurisdiction And Standing Issues In Transnational Litigation, Spencer Weber Waller

Loyola Consumer Law Review

No abstract provided.

Jurisdiction And Standing In The International Arena, William C. Holmes

Loyola Consumer Law Review

No abstract provided.

Calculation Of Damages In Transnational Antitrust Cases, Jeffrey Dorman

Loyola Consumer Law Review

No abstract provided.

A Review Of The Treatment Of The Per Se Rule By The U.S. Supreme Court Over The Last Twenty-Five Years: A Response To Albert Gourley's Proposal To Add A Per Se Rule To Canada's Competition Law, Jeffrey M. Cross

Loyola Consumer Law Review

No abstract provided.

A Report On Canada's Conspiracy Law, Albert C. Gourley

Loyola Consumer Law Review

No abstract provided.

Is Silence Golden When It Comes To Auditing?, 36 J. Marshall L. Rev. 57 (2002), Darin Bartholomew

UIC Law Review

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 Legal Structure Of American Freedom And The Provenance Of The Antitrust Immunities, Christopher Sagers

Law Faculty Articles and Essays

It is a reflection of the subtle relationship between legal doctrine and the larger social context it regulates that, on occasion, some humble point of mere theory proves to be the lynchpin of a serious social problem. Often the most pernicious aspect of such a situation will be the very obscuriyy that causes courts to overlook it.

That is emphatically the case with the issue addressed in this paper. Confusion persists over the seemingly academic question whether the so-called "Noerr-Pennington" or "petitioning" immunity, a doctrine in antitrust law which protects persons from being sued when they seek action from their …

Guilds At The Millennium: Antitrust And The Professions: Introduction, Susan Beth Farmer

Faculty Scholarship

This Article is an Introduction to the Symposium Issue of the Loyola Consumer Law Review. The papers published in the symposium issue were originally presented at the meeting of the Section on Antitrust and Economic Regulation of the Association of American Law Schools (AALS) at the Association Annual Conference in 2002.

Antitrust Options To Redress Anticompetitive Restraints And Monopolistic Practices By Professional Sports Leagues, Stephen F. Ross

Faculty Scholarship

The hallmark of an antitrust violation is an agreement which has the effect of raising price, lowering output, or rendering output unresponsive to consumer demand. Owners of clubs comprising Major League Baseball, the National Football League, the National Basketball Association, and the National Hockey League engage in a variety of exploitative activities that consumers cannot avoid by substituting rival products. The purpose of this Article is to analyze specific areas where these monopoly sports leagues harm a variety of groups, through the maintenance of a monopolistic structure that precludes competitive entry, or through specific restraints that have demonstrable anticompetitive effects. …

Afterword: The Role Of The Competition Community In The Patent Law Discourse, Hillary Greene

Faculty Articles and Papers

The Federal Circuit is the most visible point of the intersection between competition and patent law. When a single case contains both competition and patent issues, precedents of that court, including those pertaining to governing legal burdens or presumptions, will be critical. It is worth considering whether and how actual or assumed consumer welfare trade-offs are reflected in those decisions. Additionally, the basic decision to confer patents, and the attendant choices regarding their breadth, scope, and other aspects, also reflect social value judgments that directly implicate competition. The competition community can help both to focus attention upon and to illuminate …

The United States As Antitrust Court Room To The World, Spencer Weber Waller

Faculty Publications & Other Works

No abstract provided.