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Antitrust and Trade Regulation Commons™
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Articles 61 - 90 of 131
Full-Text Articles in Antitrust and Trade Regulation
Antitrust Law - A Stranger In The Wikinomics World? Regulating Anti-Competitive Use Of The Drm/Dmca Regime, 27 J. Marshall J. Computer & Info. L. 1 (2009), Rachel Aridor-Hershkovitz
Antitrust Law - A Stranger In The Wikinomics World? Regulating Anti-Competitive Use Of The Drm/Dmca Regime, 27 J. Marshall J. Computer & Info. L. 1 (2009), Rachel Aridor-Hershkovitz
UIC John Marshall Journal of Information Technology & Privacy Law
Unlike traditional markets, Information Technology (“IT”) markets are characterized by special and unique features that shall be discussed in this paper. Competition in IT markets is dynamic; nonmarket based information production models (‘peer production’) play a significant role in IT markets; and IT market are usually data market rather than product market. The combination of the legal rule prohibiting circumvention of technological measure under the DMCA and the use of DRMs, created a new regime, the DRM/DMCA regime, which bestows the entertainment industry with a new and strong right to control the access to and use of the copyrighted work. …
The Ftc Takes Action On Stop-Foreclosure Scams, Kyle Gaffaney
The Ftc Takes Action On Stop-Foreclosure Scams, Kyle Gaffaney
Loyola Consumer Law Review
No abstract provided.
Editor's Note, Sarah Tennant
Checks And Balances: European Competition Law And The Rule Of Law, Philip Marsden
Checks And Balances: European Competition Law And The Rule Of Law, Philip Marsden
Loyola Consumer Law Review
No abstract provided.
Federal Ban On Automated Prerecorded Messages, So-Called "Robocalls," Goes Into Effect, Kyle Gaffaney
Federal Ban On Automated Prerecorded Messages, So-Called "Robocalls," Goes Into Effect, Kyle Gaffaney
Loyola Consumer Law Review
No abstract provided.
Checks And Balances: European Competition Law And The Rule Of Law, Philip Marsden
Checks And Balances: European Competition Law And The Rule Of Law, Philip Marsden
Loyola Consumer Law Review
No abstract provided.
Does Antitrust Regulation Violate The Rule Of Law?, Elbert L. Robertson
Does Antitrust Regulation Violate The Rule Of Law?, Elbert L. Robertson
Loyola Consumer Law Review
No abstract provided.
Confessions Of A Whistleblower: The Need To Reform The Whistleblower Provision Of The Sarbanes-Oxley Act, 43 J. Marshall L. Rev. 241 (2009), Jisoo Kim
UIC Law Review
No abstract provided.
An Aggregate Approach To Antitrust: Using New Data And Rulemaking To Preserve Drug Competition, C. Scott Hemphill
An Aggregate Approach To Antitrust: Using New Data And Rulemaking To Preserve Drug Competition, C. Scott Hemphill
Center for Contract and Economic Organization
This Article examines the "aggregation deficit" in antitrust: the pervasive lack of information, essential to choosing an optimal antitrust rule, about the frequency and costliness of anticompetitive activity. By synthesizing available information, the present analysis helps close the information gap for an important, unresolved issue in U.S. antitrust policy: patent settlements between brand-name drug makers and their generic rivals. The analysis draws upon a new dataset of 143 such settlements.
Due to the factual complexity of individual brand-generic settlements, important trends and arrangements become apparent only when multiple cases are examined collectively. This aggregate approach provides valuable information that can …
Dr. Miles Is Dead. Now What?: Structuring A Rule Of Reason For Minimum Resale Price Maintenance, Thom Lambert
Dr. Miles Is Dead. Now What?: Structuring A Rule Of Reason For Minimum Resale Price Maintenance, Thom Lambert
Faculty Publications
This article critiques six approaches that have been proposed for evaluating minimum RPM and offers an alternative approach. The six approaches critiqued are (1) the Brandeisian, unstructured rule of reason; (2) Judge Posner's rule of per se legality; (3) the approach advocated by 27 states in the recent Nine West case; (4) the approach adopted by the Federal Trade Commission in that case; (5) the approach advocated by economists William Comanor and F.M. Scherer; and (6) the approach proposed in the Areeda & Hovenkamp Antitrust Law treatise. Finding each of these approaches deficient, the article proposes an alternative evaluative approach …
Competition Come Full Circle? Pending Legislation To Repeal The U.S. Railroad Exemption, Christopher L. Sagers
Competition Come Full Circle? Pending Legislation To Repeal The U.S. Railroad Exemption, Christopher L. Sagers
Law Faculty Articles and Essays
Repeal of the railroad antitrust exemptions has been advocated ever since deregulation of that industry, and bills have been introduced twice to do it. However, there is no particular reason yet to believe railroad exemption repeal will occur in this Congress. The pending bills have not progressed far and have failed before, and they are opposed by the industry. But even if they progress, and assuming there is not also some significant change to the overall railroad regulatory framework, it seems unlikely that antitrust litigation will be very successful or that it will much change the status quo in rail …
The Monopoly Myth: A Comment On The Public Funding Of Sports Stadiums, Jeffrey Standen
The Monopoly Myth: A Comment On The Public Funding Of Sports Stadiums, Jeffrey Standen
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
The Subprime Meltdown: Causes, Consequences, And Solutions
The Subprime Meltdown: Causes, Consequences, And Solutions
Journal of Business & Technology Law
No abstract provided.
So Now Who Is Special?: Business Model Shifts Among Firms That Borrow To Lend, José Gabilondo
So Now Who Is Special?: Business Model Shifts Among Firms That Borrow To Lend, José Gabilondo
Journal of Business & Technology Law
No abstract provided.
Why Did Anyone Listen To The Rating Agencies After Enron?, Claire A. Hill
Why Did Anyone Listen To The Rating Agencies After Enron?, Claire A. Hill
Journal of Business & Technology Law
No abstract provided.
Rating Agencies And Reputational Risk, David Reiss
Rating Agencies And Reputational Risk, David Reiss
Journal of Business & Technology Law
No abstract provided.
Reflections On State Regulation: A Lesson Of The Economic Turmoil Of 2007-2009 , Ralph S. Tyler, Karen Stakem Hornig
Reflections On State Regulation: A Lesson Of The Economic Turmoil Of 2007-2009 , Ralph S. Tyler, Karen Stakem Hornig
Journal of Business & Technology Law
No abstract provided.
The Legacy Of Deregulation And The Financial Crisis: Linkages Between Deregulation In Labor Markets, Housing Finance Markets, And The Broader Financial Markets, Damon Silvers, Heather Slavkin
The Legacy Of Deregulation And The Financial Crisis: Linkages Between Deregulation In Labor Markets, Housing Finance Markets, And The Broader Financial Markets, Damon Silvers, Heather Slavkin
Journal of Business & Technology Law
No abstract provided.
Cooper V. Mcclure: The Difficulty Of Proving Antitrust Violations And The Need For A False Claims Act, Esther Lee
Cooper V. Mcclure: The Difficulty Of Proving Antitrust Violations And The Need For A False Claims Act, Esther Lee
Journal of Business & Technology Law
No abstract provided.
Securities Law And Antitrust Law: Two Legal Titans Clash Before The United States Supreme Court In Credit Suisse Securities V. Billing, Stacey Sheely Chubbuck
Securities Law And Antitrust Law: Two Legal Titans Clash Before The United States Supreme Court In Credit Suisse Securities V. Billing, Stacey Sheely Chubbuck
Oklahoma Law Review
No abstract provided.
Does The Rule Of Reason Violate The Rule Of Law?, Maurice E. Stucke
Does The Rule Of Reason Violate The Rule Of Law?, Maurice E. Stucke
Loyola Consumer Law Review
No abstract provided.
Eu Competition Law And The Rule Of Law Ii: Justice Delayed Is Justice Denied, Tim Cowen
Eu Competition Law And The Rule Of Law Ii: Justice Delayed Is Justice Denied, Tim Cowen
Loyola Consumer Law Review
No abstract provided.
Does Antitrust Regulation Violate The Rule Of Law?, Elbert L. Robertson
Does Antitrust Regulation Violate The Rule Of Law?, Elbert L. Robertson
Loyola Consumer Law Review
No abstract provided.
Does The Rule Of Reason Violate The Rule Of Law?, Maurice E. Stucke
Does The Rule Of Reason Violate The Rule Of Law?, Maurice E. Stucke
Loyola Consumer Law Review
No abstract provided.
The Role Of The Office Of The Administrative Law Judges Within The United States International Trade Commission, 8 J. Marshall Rev. Intell. Prop. L. 216 (2009), Carl C. Charneski
The Role Of The Office Of The Administrative Law Judges Within The United States International Trade Commission, 8 J. Marshall Rev. Intell. Prop. L. 216 (2009), Carl C. Charneski
UIC Review of Intellectual Property Law
Section 337 of the Tariff Act of 1930 makes unlawful, specifically, the importation of products that infringe intellectual property rights. The U.S. International Trade Commission (“ITC”) is the forum in which all section 337 proceedings are adjudicated and, within the ITC, the Office of Administrative Law Judges handles all these proceedings. Section 337 cases can be exceedingly complex and technical, and the Administrative Law Judges (“ALJ”) are the initial triers of fact, administrators, and decision makers in every case. Thus, the amount of work that the ALJs—along with their staff—must meet to see these cases to completion can be substantial. …
The Distinctive Characteristics Of Section 337, 8 J. Marshall Rev. Intell. Prop. L. 231 (2009), Jay H. Reiziss
The Distinctive Characteristics Of Section 337, 8 J. Marshall Rev. Intell. Prop. L. 231 (2009), Jay H. Reiziss
UIC Review of Intellectual Property Law
In an investigation by the International Trade Commission (“ITC” or “Commission”) under Section 337 of the Tariff Act of 1930 (“Section 337”) a complainant must satisfy two unique statutory criteria. First, a complainant must establish that the ITC has jurisdiction, usually by showing importation of an accused product. Second, a complainant must demonstrate that a domestic industry exists or is in the process of being established. A practitioner can be assured that the ITC’s jurisdiction is expansive and reaches foreign-based activities that affect U.S. commerce. Such actions can involve any unfair act and can be brought regardless of whether personal …
Post-Litigation Enforcement Of Remedial Orders Issued By The U.S. International Trade Commission In Section 337 Investigations, 8 J. Marshall Rev. Intell. Prop. L. 248 (2009), Merritt R. Blakeslee
Post-Litigation Enforcement Of Remedial Orders Issued By The U.S. International Trade Commission In Section 337 Investigations, 8 J. Marshall Rev. Intell. Prop. L. 248 (2009), Merritt R. Blakeslee
UIC Review of Intellectual Property Law
There is a common misperception that enforcement of International Trade Commission (“ITC”) remedial orders is automatic and self implementing. In reality, such remedial orders are not self-implementing, are less-than-perfect enforcement tools, and their effective enforcement carries with it a number of practical difficulties. This paper explores the realities of enforcing the ITC’s remedial orders – exclusion orders, consent orders, and cease-and-desist orders – with the goal of giving both complainants and respondents a heightened appreciation of the tactics and strategies that can be effectively deployed following the conclusion of a Section 337 investigation and the issuance of one or more …
Gray Market Trademark Infringement Actions At The U.S. International Trade Commission: The Benefits Of The Forum And Analysis Of Relevant Cases, 8 J. Marshall Rev. Intell. Prop. L. 271 (2009), Joseph H. Heckendorn, Lyle B. Vander Schaaf
Gray Market Trademark Infringement Actions At The U.S. International Trade Commission: The Benefits Of The Forum And Analysis Of Relevant Cases, 8 J. Marshall Rev. Intell. Prop. L. 271 (2009), Joseph H. Heckendorn, Lyle B. Vander Schaaf
UIC Review of Intellectual Property Law
Trademark owners continue to enforce their trademarks against imports of gray market goods using Section 337 of the Tariff Act of 1930. In comparison to the federal court alternative, the International Trade Commission (“ITC”) offers a number of distinct advantages. In addition, ITC decisions in In re Certain Agricultural Vehicles and Components Thereof and In re Certain Hydraulic Excavators and Components Thereof have clarified what is required to enforce trademarks at the ITC. Trademark owners should heed the recent ITC decisions in deciding how to curb imports of infringing gray market goods.