Antitrust and Trade Regulation Commons^™

A Non-Compete Case Is An Antitrust Case: An Analysis Of Oklahoma’S Post-Employment Restraint Law, John F. Fischer

Oklahoma Law Review

No abstract provided.

Net Neutrality And Consumer Welfare: Divergent Approaches To The Egyptian Telecommunication Regulation, Mennatullah Helmy Hamada

Theses and Dissertations

This thesis explores the implications of the debate on net neutrality on telecommunication policy in Egypt. I argue that consumer welfare should be the main determining factor of the effects of net neutrality obligations on the telecom sector. Consumer welfare must remain the focus of any regulator while applying net neutrality obligations. Consumers in any telecom market care about three elements, namely, prices, quality and speed of the internet, and openness and accessibility of the content available over the internet. Meanwhile, the main controllers of the telecom market are torn between preserving the nature of the internet and their own …

The Race To The Middle, William Magnuson

Faculty Scholarship

How does federalism affect the quality of law? It is one of the fundamental questions of our constitutional system. Scholars of federalism generally fall into one of two camps on the question. One camp argues that regulatory competition between states leads to a “race to the bottom,” in which states adopt progressively worse laws in order to pander to powerful constituencies. The other camp, conversely, argues that regulatory competition leads to a “race to the top,” incentivizing states to adopt progressively better laws in the search for more desirable outcomes for their constituencies. Despite their apparent differences, however, both the …

Preventing The Bad From Getting Worse: The End Of The World (Trade Organization) As We Know It?, Bernard Hoekman, Petros C. Mavroidis

Faculty Scholarship

Recent survey evidence and proposals made in long-running negotiations to improve WTO dispute settlement procedures illustrate that many stakeholders believe the system needs improvement. The Appellate Body crisis could have been avoided but for the use of consensus as WTO working practice. Resolving the crisis should prove possible because the matter mostly concerns a small number of more powerful WTO members. We make several proposals to revitalize the WTO appellate function but argue that unless the WTO becomes a locus for new rulemaking, re-establishing the appellate function will not prevent a steady decline in the salience of the organization. A …

Antitrust & Corruption: Overruling Noerr, Tim Wu

Faculty Scholarship

We live in a time when concerns about influence over the American political process by powerful private interests have reached an apogee, both on the left and the right. Among the laws originally intended to fight excessive private influence over republican institutions were the antitrust laws, whose sponsors were concerned not just with monopoly, but also its influence over legislatures and politicians. While no one would claim that the antitrust laws were meant to be comprehensive anti-corruption laws, there can be little question that they were passed with concerns about the political influence of powerful firms and industry cartels.

Since …

Promoting International Procedural Norms In Competition Law Enforcement, Roger P. Alford

Journal Articles

It is a pleasure to participate in the 2019 Kansas Law Review Symposium, "Antitrust Law and Policy in the 21st Century." Antitrust is once again a hot topic and discussion about how to effectively enforce the laws in a digital age is generating widespread attention. My focus will be on the topic of promoting fundamental due process in competition law investigation and enforcement. With competition authorities around the globe becoming increasingly more active, it is one of the most important topics on the antitrust agenda. And this year, we witnessed a watershed moment with the adoption of a new framework …

How To Approach Market Definition After Ohio V. American Express, Roger P. Alford

Journal Articles

Technological developments have introduced new methods of buying and selling goods and services. These advancements often times take the form of two-sided platforms. While these platforms increase overall social utility, they also present a host of challenges to antitrust enforcement. One such challenge is defining the appropriate market in cases involving actions that are not illegal per se. That task has been made more difficult with the Supreme Court’s recent decision in Ohio v. American Express Co. (“Amex”).2 Moving forward, one of the critical questions Amex presents is how to define the product market in the context of two-sided platforms.