Antitrust and Trade Regulation Commons^™

Arbitrase, Soebekti Prof. R

Jurnal Hukum & Pembangunan

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"Zekerheidsoverdracht & Zekerheidscessie", Ridwan Suselo

Jurnal Hukum & Pembangunan

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Sedikit Tentang Undang-Undang Pokok Agraria (U.U.P.A.) Dan Praktek Pelaksanaannya, Abdurahman S.H.

Jurnal Hukum & Pembangunan

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Pertanggungan Jawaban Hukum Mengenai Masalah "Tanah Oloran" "Tanah Bantaran" Pada Aliran Bengawan Solo, Wisnu Susanto

Jurnal Hukum & Pembangunan

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Aspek Hukum Pasar Modal (Bagian 2), Soemantoro Fhui

Jurnal Hukum & Pembangunan

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Valentine Act And Sherman Act: Separate And Distinct Antitrust Regimes, Thomas J. Collin

Cleveland State Law Review

The Ohio Supreme Court has held that the Valentine Act was patterned after the Sherman Act and should be interpreted in light of federal court interpretations of the Sherman Act. The Court was wrong, and its error persists. With the exception of a private right of action provision and a borrowed definition, nothing in the Valentine Act was derived from the Sherman Act. The holding ignores text and legislative history and has foreclosed development of any independent jurisprudence for a statute intended by the General Assembly to address grave antitrust abuses. This Article analyzes the Court’s error, details the origins …

Authentication Of Art, Herbert I. Lazerow

Cleveland State Law Review

The authentication of items permeates our law and our markets. While it is important for many consumer goods, authentication is crucial for artworks and artifacts where the value difference between the authentic and the inauthentic is huge. The question is raised most frequently in conflicts between buyer and seller of art where it is claimed that a warranty was breached, or between the owner of artwork and an authenticator where the claim sounds in tort. It also arises in any situation where the value of the art is important, such as tax or antitrust. Authentication of artwork can be difficult …

Penegakan Peraturan Lalu Lintas Dan Kepatuhan Terhadapnya (Dengan Minat Khusus Kota Jakarta), Soerjono Soekanto

Jurnal Hukum & Pembangunan

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Three Economist’S Tools For Antitrust And Merger Analysis: Case Applications, Russell W. Pittman

Yearbook of Antitrust and Regulatory Studies

This paper presents a non-technical introduction to three economic tools that have in recent years become widespread in competition law enforcement in general and in the analysis of proposed mergers in particular: critical loss analysis, upward pricing pressure, and the vertical arithmetic. In addition, for each tool, its use in a recent U.S. merger case is illustrated: for critical loss analysis, the Novelis/Aleris merger; for upward pricing pressure, the GE/Electrolux merger; and for the vertical arithmetic, the Comcast/NBCU joint venture.

Digital-Era Dawn Raids And Proportional Enforcement Approach, Ahmed Saim Pehlivanli, Zeki Emre Kurt

Yearbook of Antitrust and Regulatory Studies

Dawn raids remain a cornerstone of competition law enforcement, yet their execution has grown complex in the digital era. Messaging platforms and remote devices increase the risk of on-site deletions, prompting authorities in Türkiye and the EU to adopt a strict-liability stance: any deletion after inspections begin is treated as obstruction per se, regardless of intent, recoverability or probative loss. While this maximises deterrence, it raises concerns of proportionality, privacy and legal certainty. This article argues that enforcement can remain effective and proportionate by shifting towards a harm-sensitive model. Drawing on Turkish and EU decisions, it highlights outlier cases in …

Genai And Repowereu: A Legal Framework For The Digital Transformation Of The Eu Energy Systems, Francesco Spera

Yearbook of Antitrust and Regulatory Studies

This contribution examines the potential and challenges of utilising AI, particularly generative AI, to accelerate the energy transition. To achieve this, the study considers the application of GenAI within the REPowerEU framework. The plan highlights the transformative role of digital technologies such as AI, IoT, data analytics, and cloud computing in orchestrating energy assets and improving grid management. In this context, GenAI has emerged as a revolutionary paradigm, enhancing system intelligence and efficiency. The paper assesses the deployment of GenAI under the REPowerEU legal framework, including the AI Act and sector-specific energy legislation. The contribution identifies the dual legal basis …

Doctrinal Intent Versus Institutional Reality: The Gulf Countries' Antitrust Objectives, Nora Memeti

Yearbook of Antitrust and Regulatory Studies

This paper examines the intriguing contrast between the ambitious goals of antitrust laws in the Gulf countries and the reality of their enforcement. While this region seeks to protect competition and curb monopolistic practices, only Kuwait and the Kingdom of Saudi Arabia (KSA) have made significant strides in achieving these ideals.

Through a comparative legal analysis, this paper examines how the statutory objectives of competition law in Qatar, Bahrain, Oman, and the UAE often remain more rhetorical than substantive, with enforcement primarily symbolic. In contrast, Saudi Arabia demonstrates some enforcement activity, although its alignment with legislative objectives remains uncertain. Kuwait's …

Competition Law In The Age Of Sustainability: Regulatory Challenges And Strategic Responses, Emrah Kulakli, Serhat Yüksel, Serkan Eti, Hasan Dinçer

Yearbook of Antitrust and Regulatory Studies

The increasing emphasis on sustainability has intensified tensions with competition law, particularly when cooperative initiatives create risks for market competition or consumer welfare. The main challenge is to identify regulatory strategies that balance sustainability objectives with competitive market principles. This requires a systematic assessment of both sustainability benefits and competition related risks. Existing studies largely rely on legal discussions or case-based evaluations and provide limited quantitative guidance for prioritizing regulatory approaches. This study addresses this gap by proposing a structured decision-making framework to reduce conflicts between sustainability goals and competition law. A hybrid model is developed by integrating spherical fuzzy …

Green Rules, Fragmented Fields: Member-State Approaches To Sustainability In Eu Competition Law, Niccolò Galli, Armando Santoni

Yearbook of Antitrust and Regulatory Studies

This article provides a comparative, normative-evaluative examination of how sustainability is being incorporated into European competition law. Combining doctrinal legal analysis with economic reasoning, it clarifies competing definitions of sustainability, maps the contest between the consumer-welfare paradigm and sustainability proponents, and evaluates the legal and institutional implications of the Commission’s 2023 Horizontal Cooperation Guidelines. Drawing on national initiatives across Member States plus the UK, the study highlights contrasting instruments, from Austria’s statutory environmental exemption to the Dutch soft-law safe harbour and Greece’s experimental sustainability sandbox, and shows how these divergent approaches produce fragmentation and legal uncertainty for cross-border cooperative initiatives. …

From Amateurism To Open Markets: The Ncaa's Reckoning With Antitrust Lawsuits, Jesse Giffin

William & Mary Business Law Review

Throughout the 2000s the National College Athletic Association (NCAA) has been the subject of many high-profile antitrust lawsuits regarding the financial restrictions imposed on student athletes. The aftermath of some of the most recent decisions has given athletes new ways to earn compensation while competing in college athletics. In House v. NCAA, another historic antitrust lawsuit against the NCAA, the Court for the Northern District of California was tasked with deciding whether student athletes can be paid directly for their athletic performance. By comparing these NCAA antitrust lawsuits with other blockbuster antitrust cases such as the Microsoft antitrust case, …

When Antitrust Meets Labour: Exemption And Enforcement Under Article 101 Tfeu, Giulia Mangiafico

Yearbook of Antitrust and Regulatory Studies

Labour rights protection has recently emerged as one of the key objectives of antitrust law, alongside sustainability and privacy. The application and enforcement of competition rules differ significantly between the workers’ and employers’ sides of the market, a distinction that is particularly visible in cases concerning remuneration. Wage-setting may fall within the scope of Article 101 TFEU where it results from coordination between undertakings; whether competition law applies therefore depends on how wages are fixed. While employer cartels that suppress pay are treated as restrictive agreements, collective bargaining arrangements are assessed under a markedly different analytical framework. This article examines …

Anselm Küsters, The Making And Unmaking Of Ordoliberal Language. A Digital Conceptual History Of European Competition Law, Verlag Vittorio Klostermann Frankfurt Am Main 2023, Piotr Oliński

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Consumers, Laborers, And Antitrust, Oh My! Why Labor Considerations Should Be Examined In Antitrust Law Through The Lens Of U.S. V. Bertelsmann Se & Co. Kgaa, Jodi Nicole Kain

University of Miami Business Law Review

Imagine the disappointing feeling of walking into a bookstore and finding shelves filled with only a narrow and non-diverse selection of titles. This feeling nearly became a reality when the Department of Justice (“DOJ”) won an action blocking a proposed merger between mega publishing houses Penguin Random House and Simon & Schuster in the case United States v. Bertelsmann SE & Co. KGaA (2021) (“Bertelsmann”). The DOJ claimed that the merger would harm consumers by reducing the diversity of books available and directly harm authors—the creative labor force—by limiting competition for publishing deals and suppressing their compensation. For the first …

Replay Review: The Case For Federal Baseball And The Case For Overturning It, Rebekah Ansbro

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Challenging The Raid Boss: Antitrust In Esports, Mason Cole

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Stealth Consolidation: Healthcare’S Process Of Quietly Dodging Antitrust Enforcement, Nathan Rush

Washington and Lee Law Review Online

The healthcare industry has become highly concentrated due to increased rates of consolidation. Mergers and acquisitions among healthcare providers have become extremely common, making dominant hospital systems the norm. When healthcare provider markets are highly concentrated, competition deteriorates, leaving patients to suffer the consequences: higher prices for lower quality care.

The federal antitrust agencies tasked with preserving competition have failed to combat the consolidation trends that are plaguing the healthcare industry. Vertical consolidation between hospitals and physician groups has especially gone unchecked. The Hart-Scott-Rodino Act, a federal antitrust law, requires merging parties to give the agencies pre-merger notice. This law, …

Rules Of The Game: Lessons From Sports To Understand Antitrust Law’S Fairness Foundations, Tara Pincock, Daniel A. Hanley

Washington and Lee Law Review Online

Traditionally, courts and practitioners assert that the antitrust laws are simply about protecting competition, not competitors. In essence, these parties perceive competition to be inherently desirable, rather than recognizing that it can be beneficial or harmful depending on its intensity and scope. As a result of this mistaken belief, courts hold that certain conduct is legal under the antitrust laws simply because they determine it to be procompetitive, while conduct deemed anticompetitive is condemned. Courts seldom provide definitive boundaries to this pro-competition trope and instead assert it as if it were a well-established truism and universal societal good.

Without details …

Outbid By Technicality: How Streaming Services Weaken Legacy Media’S Matching Rights, Arthur Yolles

American University Business Law Review

Contracts for large-scale media distribution, such as those between sports leagues and broadcasting companies, often include matching rights—rights which guarantee a media distributor the ability to continue distributing content for as long as they can match the bids of third parties. These rights grant media distributors security in their relationships with rights-grantors, and they deliver a more predictable viewing experience for consumers. However, it is not always clear what constitutes a "match."

With the rise of streaming and big tech’s infiltration into legacy media strongholds such as live sports, the need to define a match is increasingly relevant. This Comment …

Cloudy Oversight: How Administrative Conflict Over International Airline Alliances’ Antitrust Immunity Harms Consumers Of Commercial Air Transportation., Hamin Jeong

American University Business Law Review

Antitrust law governs and guides how regulatory agencies should scrutinize unfair, monopolistic corporate behavior. However, when several different agencies are tasked with enforcing the same legal principles, different interpretations of such principles inevitably arise.

 The U.S. Department of Justice (DOJ) acts as the main body that enforces antitrust actions in the domestic airline industry, but there is an exception to the general rule. Congress delegated the U.S. Department of Transportation (DOT) the authority to grant antitrust immunity to international airline alliances, which form when domestic and foreign airlines partner to increase flight services between their respective nations.

However, as codified …

Shaping Corporate Behavior Through Enforcement: Evidence From The No-Poach Initiative, Lorenzo G. Luisetto

Law Faculty Articles and Essays

In recent years, government entities have pursued legal action against restrictive clauses in employment contracts that limit labor mobility and may stifle competition in both labor and product markets. To date, however, little is known about how firms respond to enforcement actions aimed at regulating the relationships they have with their employees. Leveraging a sample of 293 franchisors, in this paper I investigate the spillover effects of the so-called “No-Poach Initiative,” an unprecedent enforcement action launched by the Antitrust Division of the State of Washington Attorney General’s Office in January 2018. This initiative resulted in 237 franchisors (39 of which …

Control Capture And Competition, D. Daniel Sokol, Robert J. Rhee

UF Law Faculty Publications

This Essay identifies an emerging problem in antitrust law and policy, particularly in the technology industry. Antitrust doctrine has historically revolved around internal control of firm, i.e., equity acquisition. It focuses on the capture of internal control. Mergers and acquisitions trigger regulatory review. In these deals, the locus of anticompetitive behavior lies in ownership and internal governance. However, one can capture control through various ways. An emerging problem in antitrust law is external exertion of control through contract. Competition can be stifled, and thus price, non-price, and innovation factors can be controlled or manipulated through the levers of control existing …

Antitrust And Tech Giants: Learning From United States V. Google Llc, Marcus D’Agostino

Fordham Journal of Corporate & Financial Law

This Note addresses the evolution of antitrust regulation and enforcement in the United States, with a focus on the recent case of United States v. Google LLC. That case is used to frame the broader problem of insufficient remedies being implemented against large technology firms. The mild remedies granted to the government in Google reinforce the findings of the 2020 Congressional Report on Digital Competition. The Report recommended changes to the antitrust laws that would revive structural separation as a remedy. This Note argues that the body of evidence presented compels structural separation to be used more frequently as the …

Recalibrating Article 102 Tfeu In The Digital Economy: The Apple App Store (Music Streaming) Decision And The Rise Of Hybrid Platform Enforcement, Arletta M. Gorecka

Yearbook of Antitrust and Regulatory Studies

This case comment analyses the European Commission’s 2024 decision fining Apple €1.84 billion for imposing anti-steering provisions on music streaming apps in the App Store. The decision marks a significant development in the application of Article 102 TFEU to digital platform ecosystems. By characterising Apple’s conduct as an exploitative abuse of dominance, the Commission addressed restrictions that limited consumer information, increased subscription prices, and reduced user choice within the iOS environment. The case illustrates the hybrid nature of Article 102 TFEU, bridging exploitative and exclusionary theories of harm in two-sided digital markets. It also highlights structural features such as network …

Table Of Contents

Yearbook of Antitrust and Regulatory Studies

Table of Contents

Yars 19(33)

Yearbook of Antitrust and Regulatory Studies

YARS Vol. 19(33)