Antitrust and Trade Regulation Commons^™

Antitrust Rulemaking: The Ftc’S Delegation Deficit, Thomas W. Merrill

Faculty Scholarship

The Federal Trade Commission’s (FTC’s) recent assertion of authority to engage in legislative rulemaking in antitrust matters can be addressed in terms of three frameworks: the major questions doctrine, the Chevron doctrine, and as a matter of ordinary statutory interpretation. The article argues that as a matter of ordinary statutory interpretation the FTC has no such authority. This can be seen by considering the structure and history of the Act and is confirmed by the 1975 Federal Trade Commission Improvements Act. Given that the result follows from ordinary statutory interpretation, it is unnecessary for courts to consider the other two …

Beyond The Labor Exemption: Labor's Antimonopoly Vision And The Fight For Greater Democracy, Kate Andrias

Faculty Scholarship

Although the labor movement and the antimonopoly movement both oppose concentrated economic power and bemoan rising inequality, their projects are frequently viewed as divergent, if not incompatible. According to the conventional account, the labor movement has historically lacked an affirmative antimonopoly agenda, instead focusing its demands on achieving a labor exemption to the antitrust laws. This chapter shows, however, that left-leaning industrial unions from the late nineteenth century through the mid-twentieth century repeatedly and insistently used the language of antimonopoly to argue that private concentrations of economic power posed a grave threat to workers and to democracy. But labor’s vision …

Name, Image, And Likeness Rights In College Sports: Evaluating Year One Of Much Overdue Reforms, Marc Edelman

Oklahoma Law Review

No abstract provided.

Antitrust Worker Protections: Rejecting Multi-Market Balancing As A Justification For Anticompetitive Harms To Workers, Laura Alexander, Steven C. Salop

Georgetown Law Faculty Publications and Other Works

Anticompetitive conduct toward upstream trading partners may have the effect of benefiting downstream consumers even as the conduct harms the firms’ workers or suppliers. Defendants may attempt to justify their upstream conduct—and may rely on the ancillary restraints doctrine in doing so—on the grounds that the restraints create efficiencies benefitting ` purchasers, rather than focusing solely on the impact of the restraint on the workers or suppliers in the upstream market. Such balancing of harms against out-of-market benefits achieved by a different group should be rejected by antitrust doctrine generally, and specifically in the case of harms to workers. This …

Entire Issue Vol. 12 No. 4

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Vol. 12(4)

Entire Issue Vol. 12 No. 5

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Vol. 12(5)

Table Of Contents

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Table of contents

Table Of Contents

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Table of contents

Table Of Contents

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

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Powerful, More Powerful, Magdalena Knapp

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

From the volume editor

Entire Issue Vol. 12 No. 3

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Vol 12(3)

Competition Law, Judicature, Case-Law And Administrative Economic Law, Kamil Dobosz

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

From the Editor-in-Chief

The Economy And The Market In The Application Of Competition Law, Dominik Wolski

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

From the Editor-in-Chief

Table Of Contents

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Table of Contents

Entire Issue Vol. 12 No. 6

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Vol. 12(6)

Name, Image, And Likeness Deals And Immigration Consequences For International Student-Athletes, Eric E. Johnson, Kit Johnson

Oklahoma Law Review

No abstract provided.

A Fine Mess: The Ncaa, The Collegiate Model, And The Post-Alston World, Josephine (Jo) R. Potuto

Oklahoma Law Review

No abstract provided.

Ncaa V. Board Of Regents 2.0: Potential Antitrust Law Claims Arising From The Ncaa’S Regulation Of College Athletes’ Nil, Alicia Jessop, Esq.

Oklahoma Law Review

No abstract provided.

The Collective Conundrum, John T. Holden, Thomas A. Baker Iii, Joanna Wall Tweedie

Oklahoma Law Review

No abstract provided.

Nil: The Title Iv Financial Aid Enigma, Kathryn Kisska-Schulze

Oklahoma Law Review

No abstract provided.

The Ncaa’S Challenge In Determining Nil Market Value, Meg Penrose

Oklahoma Law Review

No abstract provided.

Can Machines Commit Crimes Under Us Antitrust Laws?, Aslihan Asil, Thomas Wollmann

Faculty Scholarship

Generative artificial intelligence is being rapidly deployed for corporate tasks including pricing. Suppose one of these machines communicates with the pricing manager of a competing firm, proposes to collude, receives assent, and raises price. Is this a crime under U.S. antitrust laws, and, if so, who is liable? Based on the observed behavior of the most widely adopted large language model, we argue that this conduct is imminent, satisfies the requirements for agreement and intent under Section 1 of the Sherman Act, and could confer criminal liability to both firms as well as the pricing manager of the competing firm.

Misaligned Measures Of Control: Private Equity's Antitrust Loophole, Aslihan Asil, John M. Barrios, Thomas G. Wollmann

Faculty Scholarship

Agencies and legislators have raised concerns that acquisitions backed by private equity (PE) threaten competition, but few, if any, have offered explanations as to why they pose a unique threat. In this article, we argue that many PE-backed acquisitions may avoid antitrust enforcement because they escape detection. Under the Hart-Scott-Rodino Antitrust Improvements Act, parties intending to merge must notify federal authorities and wait for clearance. However, various exemptions exist based on the size of the transaction, parties involved, and proportion of control conferred by the merger. Recent work demonstrates that to police mergers effectively, agencies must be informed about transactions …

Race-Ing Antitrust, I. Bennett Capers, Gregory Day

Faculty Scholarship

Antitrust law has a race problem. To spot an antitrust violation, courts inquire into whether an act has degraded consumer welfare. Since anticompetitive practices are often assumed to enhance consumer welfare, antitrust offenses are rarely found. Key to this framework is that antitrust treats all consumers monolithically; that consumers are differently situated, especially along lines of race, simply is ignored.

We argue that antitrust law must disaggregate the term “consumer” to include those who disproportionately suffer from anticompetitive practices via a community welfare standard. As a starting point, we demonstrate that anticompetitive conduct has specifically been used as a tool …

The Critical Contribution Of Independent Accountability Mechanisms (Iams) To The Global Governance Paradigm, Owen Mcintyre

Perspectives

For several decades now, the environmental and social safeguard policies adopted by international financial institutions (IFIs), along with the related accountability frameworks provided by the independent accountability mechanisms (IAMs) established by each, have been at the very forefront of a global movement to extend good environmental and social governance values to the practice of international development finance. The complex of substantive and procedural standards of institutional conduct required under multilateral development bank (MDB) safeguard policies in respect of the assessment and implementation of bank-funded development projects or activities exemplifies the phenomenon of so-called “transnational” or “global” law - the rich …

Q&A With Lina Khan, Chair Of The U.S. Federal Trade Commission And Mark Glick, Professor Of Economics At The University Of Utah, Lina M. Khan

Faculty Scholarship

Let me tell you a little about Lina. Lina attended Yale Law school and while a third-year law student she wrote her famous and influential article Amazon’s Anti-Trust Paradox. Then, after graduating from law school, she worked as the legal director at the Open Markets Institute and during that period she continued to write a large number of influential antitrust papers. She then joined the faculty of my alma mater, Columbia Law School. In 2019, she was appointed as counsel to the U.S. House Judiciary Subcomittee on Antitrust, Commercial, and Administrative Law and, in 2021, President Biden appointed her …

Accounting For The Employee-Employer Relationship In Antitrust Analysis, Justin Mccrary, Bryan Ricchetti

Faculty Scholarship

Recent years have seen increased regulatory scrutiny of and private litigant claims regarding potential monopsony power in labor markets. In this paper, we discuss a defining feature of that analysis — a feature that differentiates it from antitrust analysis of product-market restraints. That feature is the employee-employer relationship. Employer-employee relationships, and investments that workers and firms make in such relationships, are central to analysis of antitrust issues in labor markets.

The Private Attorney General In A Time Of Hyper-Polarized Politics, Myriam E. Gilles

Articles

With the enactment of the Federal Trade Commission Act (“FTC Act”) in 1914 and the Wheeler–Lea Act in 1938, Congress sought to establish a brawny federal consumer protection regime to guard against the myriad unfair and deceptive practices that threatened harm to American consumers. But courts in this era interpreted these statutes to confer exclusive enforcement authority in the Federal Trade Commission (“FTC”), declining to infer a private right of action. For many decades, the resulting enforcement gap in consumer protection law was filled largely by state Unfair and Deceptive Practices Acts (“UDAPs”), which sanction litigation by both public and …

Title Theft, Stewart E. Sterk

Articles

Real property owners across the country have been targeted by scammers who prepare deeds purporting to convey title to property the scammers do not own. Sometimes, the true owners are entirely unaware of these bogus transfers. In other instances, the scammers use misrepresentation to induce unsophisticated owners to sign documents they do not understand. Property doctrine protects owners against forgery and fraud—the primary vehicles scammers use in their efforts to transfer title. Owners enjoy protection not only against the scammers themselves, but generally against unsuspecting purchasers to whom the scammers transfer purported title. Recovery of title, however, involves costs and …