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Antitrust and Trade Regulation Commons™

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2009

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Institution
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Articles 1 - 30 of 131

Full-Text Articles in Antitrust and Trade Regulation

Does Competition Matter? An Attempt Of Analytical ‘Unbundling’ Of Competition From Consumer Welfare: A Response To Miąsik, Oles Andriychuk Dec 2009

Does Competition Matter? An Attempt Of Analytical ‘Unbundling’ Of Competition From Consumer Welfare: A Response To Miąsik, Oles Andriychuk

Yearbook of Antitrust and Regulatory Studies

This paper is an attempt to evaluate the conceptual relationship between two central elements of the theory of antitrust: competition and consumer welfare. These two notions are analysed in their mutual dependency. In terms of methodology, the paper proposes to structurally separate competition from consumer welfare. This technique is successfully applied in the domain of legal philosophy when the correlation between law and morality is debated. The main purpose of this paper is to show that both competition and consumer welfare are economic values of fundamental importance with no ex ante hierarchical dominance of consumer welfare over competition. In case …

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Legislative Developments In The Telecoms Sector In 2008, Kamil Kosmala Dec 2009

Legislative Developments In The Telecoms Sector In 2008, Kamil Kosmala

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

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Legislative Developments In The Postal Sector In 2008, Roman Illinicz Dec 2009

Legislative Developments In The Postal Sector In 2008, Roman Illinicz

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

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Legislative Developments In The Energy Industry In 2008, Filip Elżanowski Dec 2009

Legislative Developments In The Energy Industry In 2008, Filip Elżanowski

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

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Legislative Developments In Rail Transport In 2008, Katarzyna Zawisza Dec 2009

Legislative Developments In Rail Transport In 2008, Katarzyna Zawisza

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

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Legislative Developments In The Aviation Sector In 2008, Filip Czernicki Dec 2009

Legislative Developments In The Aviation Sector In 2008, Filip Czernicki

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

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Stopping The Creeping Telecoms Regulation. Case Comment To The Judgment Of The European Court Of Justice Of 13 November 2008 – European Commission V Republic Of Poland (Case C-227/07), Stanisław Piątek Dec 2009

Stopping The Creeping Telecoms Regulation. Case Comment To The Judgment Of The European Court Of Justice Of 13 November 2008 – European Commission V Republic Of Poland (Case C-227/07), Stanisław Piątek

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

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A Local Government’S Right To Determine The Conditions Of Operating On The Market For Communal Waste Collection. Can Such Conditions Lead To An Anticompetitive Foreclosure Of That Market? Case Comment To The Judgement Of The Supreme Court Of 14 November 2008 – City Kalisz (Ref. No. Iii Sk 9/08), Konrad Kohutek Dec 2009

A Local Government’S Right To Determine The Conditions Of Operating On The Market For Communal Waste Collection. Can Such Conditions Lead To An Anticompetitive Foreclosure Of That Market? Case Comment To The Judgement Of The Supreme Court Of 14 November 2008 – City Kalisz (Ref. No. Iii Sk 9/08), Konrad Kohutek

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

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Gratuitous Transfer Of Ownership Of Energy Transmission Infrastructure As An Abuse Of A Dominant Position. Case Comment To The Judgement Of The Supreme Court Of 16 October 2008 – Kolej Gondolowa (Ref. No. Iii Sk 2/08), Antoni Bolecki Dec 2009

Gratuitous Transfer Of Ownership Of Energy Transmission Infrastructure As An Abuse Of A Dominant Position. Case Comment To The Judgement Of The Supreme Court Of 16 October 2008 – Kolej Gondolowa (Ref. No. Iii Sk 2/08), Antoni Bolecki

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

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A Healthy Diet Of Preemption: The Power Of The Fda And The Battle Over Restricting High Fructose Corn Syrup From Food And Beverages Labeled 'Natural', Adam C. Schlosser Dec 2009

A Healthy Diet Of Preemption: The Power Of The Fda And The Battle Over Restricting High Fructose Corn Syrup From Food And Beverages Labeled 'Natural', Adam C. Schlosser

Journal of Food Law & Policy

America is unhealthy. America faces an obesity epidemic. The food consumed by Americans is making them fat. Americans, bombarded every single day by negative headlines like these, are becoming more and more health conscious. This newfound commitment to health is reflected in the food and beverages Americans purchase.

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Labeling Of Credence Attributes In Livestock Production: Verifying Attributes Which Are More Than "Meet The Eye", Nicole J. Olynk, Christopher A. Wolf, Glynn T. Tonsor Dec 2009

Labeling Of Credence Attributes In Livestock Production: Verifying Attributes Which Are More Than "Meet The Eye", Nicole J. Olynk, Christopher A. Wolf, Glynn T. Tonsor

Journal of Food Law & Policy

Americans are increasingly sensitive to the conditions under which the foods they purchase and consume are produced. It is becoming commonplace for consumers to incorporate perceived environmental impacts, animal welfare concerns, and other process attributes into food purchase decisions. Increased interest in production practices and technologies employed in food production has been seen in the U.S. specifically concerning irradiation, antibiotics, and hormone and pesticide use. Perhaps one of the most controversial technologies employed in food production today is the use of genetic engineering. Not surprisingly, consumers are particularly sensitive about practices employed or technologies used in foods produced specifically for …

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Dietary Supplements And Structure-Function Claims: The Dysfunctional Structure Of Current Regulation, Matthew W. Lindsey Dec 2009

Dietary Supplements And Structure-Function Claims: The Dysfunctional Structure Of Current Regulation, Matthew W. Lindsey

Journal of Food Law & Policy

Twenty percent of Americans report using one of the more than thirty thousand dietary supplement products generated by an estimated one thousand manufacturers, contributing to an industry exceeding twenty billion dollars globally. Fueled by increasing public interest in individual health, dietary supplement manufacturers in the United States (U.S.) continue to exploit the weaknesses in the way the Food and Drug Administration (FDA) regulates these products. Dietary supplement manufacturers perpetuate the perceived safety of supplements through the advertisement of structure-function claims, which many consumers mistakenly assume to be the same as FDA-regulated health claims.

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United States Food Law Update: Food Allergy Labels, Reaching Organic Equivalence, Misbranding Litigation And Regulatory Takings, A. Bryan Endres, Michaela N. Tarr Dec 2009

United States Food Law Update: Food Allergy Labels, Reaching Organic Equivalence, Misbranding Litigation And Regulatory Takings, A. Bryan Endres, Michaela N. Tarr

Journal of Food Law & Policy

The start of 2009 found the nation transitioning to a new presidential administration, speculating on the impact new appointees to the executive branch may have on regulatory priorities and monitoring a bill' making its way through Congress that seeks a substantial overhaul of the food regulatory system. This version of the Food Law Update will analyze two major developments in food allergy labeling: finalization of rules requiring the labeling of Cochineal extract/ carmine and an analysis of the proposed "gluten-free" product labels. The update next discusses the execution of an equivalency agreement between the United States and Canada with respect …

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Updating The Merger Guidelines: Comments, Steven C. Salop, Serge Moresi Nov 2009

Updating The Merger Guidelines: Comments, Steven C. Salop, Serge Moresi

Georgetown Law Faculty Publications and Other Works

These comments (originally submitted to the DOJ and FTC in November 2009) make a number of comments relevant to revising the Merger Guidelines. The comments focus on the use of the GUPPI (gross upward pricing pressure index) in unilateral effects analysis. They also comment on the deterrence and incipiency standard, exclusionary effects of horizontal mergers and market definition when there are multi-product firms or pre-merger coordination, among other issues.

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On Writ Of Certiorari To The United States Court Of Appeals For The Second Circuit, Stolt-Neilsen S.A., V. Animalfeed International, No. 08-1198 (U.S. Oct. 20, 2009), Cornelia T. Pillard Oct 2009

On Writ Of Certiorari To The United States Court Of Appeals For The Second Circuit, Stolt-Neilsen S.A., V. Animalfeed International, No. 08-1198 (U.S. Oct. 20, 2009), Cornelia T. Pillard

U.S. Supreme Court Briefs

No abstract provided.

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Unsettling Drug Patent Settlements: A Framework For Presumptive Illegality, Michael A. Carrier Oct 2009

Unsettling Drug Patent Settlements: A Framework For Presumptive Illegality, Michael A. Carrier

Michigan Law Review

A tidal wave of high drug prices has recently crashed across the U.S. economy. One of the primary culprits has been the increase in agreements by which brand-name drug manufacturers and generic firms have settled patent litigation. The framework for such agreements has been the Hatch-Waxman Act, which Congress enacted in 1984. One of the Act's goals was to provide incentives for generics to challenge brand-name patents. But brand firms have recently paid generics millions of dollars to drop their lawsuits and refrain from entering the market. These reverse-payment settlements threaten significant harm. Courts nonetheless have recently blessed them, explaining …

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Is Novelty Obsolete? Chronicling The Irrelevance Of The Invention Date In U.S. Patent Law, Dennis D. Crouch Oct 2009

Is Novelty Obsolete? Chronicling The Irrelevance Of The Invention Date In U.S. Patent Law, Dennis D. Crouch

Faculty Publications

This paper presents a normative study of patent applicant use of invention-date rights during ex parte prosecution.

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Sirius Mistake: The Fcc's Failure To Stop A Merger To Monopoly In Satellite Radio, Leigh M. Murray Oct 2009

Sirius Mistake: The Fcc's Failure To Stop A Merger To Monopoly In Satellite Radio, Leigh M. Murray

American University Law Review

No abstract provided.

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Limiting Anticompetitive Government Interventions That Benefit Special Interests, D. Daniel Sokol Oct 2009

Limiting Anticompetitive Government Interventions That Benefit Special Interests, D. Daniel Sokol

UF Law Faculty Publications

When government regulates, it may either intentionally or unintentionally generate restraints that reduce competition ("public restraints"). Public restraints allow a business to cloak its action in government authority and to immunize it from antitrust regulation. Private businesses may misuse the government's grant of antitrust immunity to facilitate behavior that benefits businesses at consumers' expense. One way is by obtaining government grants of immunity from antitrust scrutiny. A recent series of Supreme Court decisions has made this situation worse by limiting the reach of antitrust law in favor of sector regulation. This is true even though the Supreme Court refers to …

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The Dragon In The Room: China's Anti-Monopoly Law And International Merger Review, Christopher Hamp-Lyons Oct 2009

The Dragon In The Room: China's Anti-Monopoly Law And International Merger Review, Christopher Hamp-Lyons

Vanderbilt Law Review

In a world where mergers affect every corner of the planet, any government seeking competitive markets has an interest in ensuring that these mergers are not harmful to competition. As China, the world's most populous country, has committed to a market economy, it has now taken the momentous step of enacting its own Anti- Monopoly Law ("AML"). This effects a dramatic change in the antitrust regulation of multinational mergers. In international antitrust, even subtle legal differences between jurisdictions create significant potential for conflict. For this reason, the advent of antitrust merger review by a country with such massive international economic …

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Revisiting Allied Tube And Noerr: The Antitrust Implications Of Green Building Legislation & Case Law Considerations For Policymakers, Stephen Del Percio Oct 2009

Revisiting Allied Tube And Noerr: The Antitrust Implications Of Green Building Legislation & Case Law Considerations For Policymakers, Stephen Del Percio

William & Mary Environmental Law and Policy Review

No abstract provided.

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The Trojan Horse Of Electric Power Transmission Line Siting Authority, Jim A. Rossi Oct 2009

The Trojan Horse Of Electric Power Transmission Line Siting Authority, Jim A. Rossi

Vanderbilt Law School Faculty Publications

Reform proposals pending in the U.S. Congress would increase federal and regional power to preempt states in siting transmission lines on order to allow the development of a high-voltage transmission grid for renewable resources. This Article recognizes the inadequacy of existing state siting authority over transmission, but takes a skeptical approach to expanding federal siting jurisdiction as a solution to the problem and argues that the over-attention to transmission line siting authority is a bit of a Trojan horse in the climate change debate. Specifically, because it ignores the more difficult issues of how the costs and benefits of transmission …

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Eurocom Dbs V. Bezeq, Esther Hayut, Eliezer Rivlin, Elyakim Rubinstein Aug 2009

Eurocom Dbs V. Bezeq, Esther Hayut, Eliezer Rivlin, Elyakim Rubinstein

Translated Opinions

Facts: Bezeq, the Israel Telecommunications Corporation Ltd., held 49.78% of the shares of “Yes” D.B.S. Satellite Services (1998) Ltd. Another 32.6% of the Yes shares are held by Eurocom D.B.S Ltd. Yes is one of only two providers in the multi-channel television broadcast infrastructure market and in the multi-channel television broadcasting market. The other multi-channel television provider in the market is “Hot”. Bezeq is a public company licensed to provide internal fixed line services, including fixed line telephony and Internet infrastructure. Bezeq also provides the public with a wide variety of communications services through its subsidiary and affiliated companies, …

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Quick - Somebody Call Amnesty International! Intel Says Eu Antitrust Fine Violated Human Rights, Robert H. Lande Jul 2009

Quick - Somebody Call Amnesty International! Intel Says Eu Antitrust Fine Violated Human Rights, Robert H. Lande

All Faculty Scholarship

This articles discusses Intel's claim that the EU's fine against it for a competition law violation was so large that its human rights' were violated.

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Expanding Definition Of Monopoly Leveraging, Eun K. Chang Jul 2009

Expanding Definition Of Monopoly Leveraging, Eun K. Chang

University of Miami Business Law Review

No abstract provided.

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Complex Bundled Discounts And Antitrust Policy, Herbert Hovenkamp, Erik Hovenkamp Jul 2009

Complex Bundled Discounts And Antitrust Policy, Herbert Hovenkamp, Erik Hovenkamp

Buffalo Law Review

No abstract provided.

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A Comment On The Intel Fine, Keith N. Hylton Jun 2009

A Comment On The Intel Fine, Keith N. Hylton

Faculty Scholarship

On May 13th the European Commission levied a fine of $1.45 billion on Intel for violating its competition law rules by offering volume-based rebates to dealers and to computer manufacturers. The rebates were deemed to have excluded Intel’s rival, AMD, from the market for computer chips. Intel is also alleged to have pressured dealers and manufacturers to set limits on the quantity of AMD chips that they would purchase. The case raises troubling issues when compared to American antitrust law, with respect to procedure and with respect to its impact on the competitive incentives of large firms. There are questions …

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Viewpoint Diversity And Media Ownership, C. Edwin Baker Jun 2009

Viewpoint Diversity And Media Ownership, C. Edwin Baker

Federal Communications Law Journal

A recent technically sophisticated study of the impact of media mergers on viewpoint diversity that found the impact is contextually variable should be entirely irrelevant to proper policy debates about regulation of media ownership. This Article examines the real reasons to oppose concentrated ownership and considers how the recent study went wrong.

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The Role Of Theory And Evidence In Media Regulation And Law: A Response To Baker And A Defense Of Empirical Legal Studies, Daniel E. Ho, Kevin M. Quinn Jun 2009

The Role Of Theory And Evidence In Media Regulation And Law: A Response To Baker And A Defense Of Empirical Legal Studies, Daniel E. Ho, Kevin M. Quinn

Federal Communications Law Journal

We thank Professor Baker for a stimulating response to an Article in which we offered empirical evidence of editorial viewpoint diversity in the face of media consolidation. We appreciate his praise of the Article as "apply[ing] innovative statistical techniques" and as "far superior methodologically to most empirical studies" he has seen. At the same time, Baker "denies the policy relevance" to our Article because empirical evidence is "entirely irrelevant" to the field of media regulation under his preferred normative theory. Baker argues sweepingly that the legal academy's increased willingness to consider the perspectives of quantitative empiricists and positive theorists is …

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Who Needs Tickets? Examining Problems In The Growing Online Ticket Resale Industry, Clark P. Kirkman Jun 2009

Who Needs Tickets? Examining Problems In The Growing Online Ticket Resale Industry, Clark P. Kirkman

Federal Communications Law Journal

The Internet has dramatically changed the methods by which people purchase tickets to events. In the past decade, the secondary ticket market has grown exponentially, and today the online ticket resale industry is valued at approximately $4 billion. Although there are consumer benefits to this industry growth, some of the industry practices have precipitated a consumer backlash. This was typified in 2007 when many parents, hoping to purchase tickets to the Hannah Montana "Best of Both Worlds Tour," watched as tickets sold out online in only a few minutes or less. Coupled with this episode was the Ticketmaster v. RMG …

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