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Articles 1 - 7 of 7
Full-Text Articles in Law and Economics
Taming Sherman's Wilderness, Derrian Smith
Taming Sherman's Wilderness, Derrian Smith
Indiana Law Journal
This Note proceeds in four Parts. Part I outlines the interpretive difficulties spawned by the vagueness of the Sherman Act—particularly, the judiciary’s necessary but undeniable departures from the text of the statute and the resulting doctrinal confusion. Part II considers ways in which the judiciary’s decision-making in Sherman Act cases approximates agency rulemaking and whether it makes sense to delegate interpretive authority to an antitrust agency. Yet, while the agency solution has upside, it would not easily escape criticisms that the Act does not provide sufficient notice of the conduct it proscribes and that the Act is an impermissible delegation …
Procompetitive Justifications In Antitrust Law, John M. Newman
Procompetitive Justifications In Antitrust Law, John M. Newman
Indiana Law Journal
The Rule of Reason, which has come to dominate modern antitrust law, allows defendants the opportunity to justify their conduct by demonstrating procompetitive effects. Seizing the opportunity, defendants have begun offering increasingly numerous and creative explanations for their behavior.
But which of these myriad justifications are valid? To leading jurists and scholars, this has remained an “open question,” even an “absolute mystery.” Examination of the relevant case law reveals multiple competing approaches and seemingly irreconcilable opinions. The ongoing lack of clarity in this area is inexcusable: procompetitive-justification analysis is vital to a properly functioning antitrust enterprise.
This Article provides answers …
What Iron Pipefittings Can Teach Us About Public And Private Power In The Market, Sandeep Vaheesan
What Iron Pipefittings Can Teach Us About Public And Private Power In The Market, Sandeep Vaheesan
Indiana Law Journal
Government restrictions on competition, whether in the market for cars, hotel rooms, or taxicabs, have attracted a great deal of attention of late. As a basic matter, government is not exogenous to the market: a functioning state is, in reality, a precondition for modern markets. Because it establishes the rules necessary for markets to develop and potentially flourish, government unavoidably shapes the bounds and structures of the private economic sphere. And more specifically, public limitations on competition are not intrinsically hostile to the interests of ordinary Americans and can, in fact, advance vital social goals, such as full employment and …
Decision Theory And Antitrust: Quantitative Evaluation For Efficient Enforcement, Ira Horowitz
Decision Theory And Antitrust: Quantitative Evaluation For Efficient Enforcement, Ira Horowitz
Indiana Law Journal
No abstract provided.
The Possibilities And Limits Of Decision Theory In Antitrust: A Response To Professor Horowitz, Joseph F. Brodley
The Possibilities And Limits Of Decision Theory In Antitrust: A Response To Professor Horowitz, Joseph F. Brodley
Indiana Law Journal
No abstract provided.
The Great Price Conspiracy, By John Herling, William H. Andrews
The Great Price Conspiracy, By John Herling, William H. Andrews
Indiana Law Journal
No abstract provided.
The Economics Of Trade Barriers, F. Eugene Melder
The Economics Of Trade Barriers, F. Eugene Melder
Indiana Law Journal
No abstract provided.