Antitrust and Trade Regulation Commons^™

Choosing Among Antitrust Liability Standards Under Incomplete Information: Assessments Of And Aversions To The Risk Of Being Wrong, Barbara Ann White

All Faculty Scholarship

This essay analyzes the three papers presented on a panel I organized as chair of the AALS Antitrust Section entitled Evolving Antitrust Treatment of Dominant Firms for the 2005 Annual Meetings. Steve Salop’s and Doug Melamed’s papers recommend standards for government intervention while David McGowan argues why the government should not.

I create a framework within which to understand the three papers’ relationship to each other, by building on McGowan’s characterization of courts’ antitrust decisions. Since antitrust decisions are based on inherently incomplete real world information, they are subject to “error costs”: Courts are at risk of “false positives” (finding …

Keep Your Hands Off My (Dead) Body: A Critique Of The Ways In Which The State Disrupts The Personhood Interests Of The Deceased And His Or Her Kin In Disposing Of The Dead And Assigning Identity In Death, Mary Clark

Scholarly Articles in Law Reviews & Journals

No abstract provided.

German Legal Culture And The Globalization Of Competition Law: A Historical Perspective On The Expansion Of Private Antitrust Enforcement, Hannah Buxbaum

Articles by Maurer Faculty

One trend developing in international competition regulation is the expansion of private antitrust litigation as an enforcement mechanism. This article examines Germany's response to that trend, investigating the extent to which it has roots in the country's legal and economic history. It begins by tracing the development of German competition law post-World War II - focusing in particular on the patterns of pressure and resistance within the transatlantic relationship - and identifies the emergence of an indigenous regulatory enforcement philosophy. It then turns to two recent developments that indicate the expansion of private enforcement in ways relevant to Germany's domestic …

Market Failure And Non-Standard Contracting: How The Ghost Of Perfect Competition Still Haunts Antitrust, Alan J. Meese

Faculty Publications

No abstract provided.

Anticompetitive Overbuying By Power Buyers, Steven C. Salop

Georgetown Law Faculty Publications and Other Works

Two types of single-firm overbuying are analyzed in this article. Predatory overbuying consists of overbuying inputs as a predatory strategy to cause buyer-side competitors in the input market to exit from the market or permanently shrink their capacity in order to gain monopsony power in the input market. Raising Rivals' Costs (RRC) overbuying consists of overbuying inputs as an exclusionary strategy to raise rivals' input costs and thereby gain market power in the output market. In most cases, the additional input purchases are used to produce output. However, in unusual cases a firm may engage in naked overbuying, that is, …

Revenue Sharing In Major League Baseball: Are Cuba's Political Managers On Their Way Over Too?, Matthew R. Mccarthy

Vanderbilt Journal of Entertainment & Technology Law

In response to a growing disparity amongst the league's best and worst teams, fans, reporters, and even some players have proposed various plans designed to share revenues amongst owners and level the economic playing field. The smaller market teams claim they cannot compete because they have less revenue than the bigger teams, which translates to an inability to pay for high priced players and state-of-the-art facilities. In response to this perceived problem, owners have proposed and implemented some limited forms of revenue sharing and a competitive balance tax...

Part II of this Note examines the history of professional baseball's exemption …

Upon Further Review: Why The Nfl May Not Be Free After Clarett, And Why Professional Sports May Be Free From Antitrust Law, Darren W. Dummit

Vanderbilt Journal of Entertainment & Technology Law

This note begins by reviewing the Jewel Tea line of cases that theoretically serve as the starting point for any non-statutory exemption discussion, followed by brief overviews of the contrasting Wood and Mackey lines of cases. The background section then turns to a summary of Brown--the latest Supreme Court decision relating to the collective bargaining process in professional sports--followed by a brief discussion of the NFL eligibility rule and how it differs from the recently-enacted NBA eligibility rule, which is of unquestioned legality. Finally, both the District Court and Court of Appeals decisions in Clarett are summarized.

The analysis begins …

A New Method For Regulatory Antitrust Analysis? Verizon Communications Inc. V. Trinko, James E. Scheuermann, William D. Semins

Richmond Journal of Law & Technology

It is a commonplace to speak of the application of law to facts. Application is a practical art, and thus involves method. Curiously, there is a paucity of discussion of the various methods by which substantive legal standards are applied to facts. This omission is significant. Method is not outcome-determinative in all cases, but, at a minimum, it guides analysis, opening certain possibilities and foreclosing others.

Trademark Law And The Social Construction Of Trust: Creating The Legal Framework For On-Line Identity, Beth Simone Noveck

Articles & Chapters

Trust is the foundation of society for without trust, we cannot cooperate. Trust, in turn, depends upon secure, reliable, and persistent identity. Cyberspace is thought to challenge our ability to build trust because the medium undermines the connection between online pseudonym and offline identity. We have no assurances of who stands behind an online avatar; it may be one person, it may be more, it may be a computer. The legal debate to date has focused exclusively on the question of how to maintain real world identity in cyberspace. But new "social software" technology that enables communities from eBay to …

Trademark Law And The Social Construction Of Trust: Creating The Legal Framework For Online Identity, Beth Simone Noveck

Articles & Chapters

Trust is the foundation of society for without trust, we cannot

cooperate. Trust, in turn, depends upon secure, reliable, and persistent

identity. Cyberspace is thought to challenge our ability to build trust

because the medium undermines the connection between online

pseudonym and offline identity. We have no assurances of who stands

behind an online avatar; it may be one person, it may be more, it may be a

computer. The legal debate to date has focused exclusively on the question

of how to maintain real world identity in cyberspace. But new "social

software" technology that enables communities from eBay to …

The Promotion Of Free-Trade Areas Viewed In Terms Of Most-Favored-Nation Treatment And Imperial Preference, Sydney M. Cone Iii.

Articles & Chapters

No abstract provided.

Rewriting The Telecom Act: An Introduction, Philip J. Weiser

Publications

No abstract provided.

The Problem Of New Uses, Rebecca S. Eisenberg

Articles

Discovering new uses for drugs that are already on the market seems like it ought to be the low-lying fruit of biopharmaceutical research and development (R&D). Firms have already made significant investments in developing these drugs and bringing them to market, including testing them in clinical trials, shepherding them through the FDA regulatory approval process, building production facilities, and training sales staff to market them to physicians. By this point, the drugs have begun to enjoy goodwill among patients and physicians and casual observations in the course of clinical experience may point to potential new uses. One might expect that …