Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Pennsylvania Carey Law School (119)
- SelectedWorks (20)
- American University Washington College of Law (18)
- University of Baltimore Law (15)
- BLR (14)
-
- Selected Works (11)
- University of Michigan Law School (9)
- Maurer School of Law: Indiana University (7)
- Georgetown University Law Center (6)
- Boston University School of Law (5)
- Chicago-Kent College of Law (5)
- Villanova University Charles Widger School of Law (5)
- Seattle University School of Law (4)
- University of Colorado Law School (4)
- University of Florida Levin College of Law (3)
- University of Georgia School of Law (3)
- Columbia Law School (2)
- Pepperdine University (2)
- Brooklyn Law School (1)
- College of the Holy Cross (1)
- Fordham Law School (1)
- Latin American and Caribbean Law and Economics Association (1)
- New York Law School (1)
- Penn State Dickinson Law (1)
- St. John's University School of Law (1)
- University of Cincinnati College of Law (1)
- University of Miami Law School (1)
- University of Pittsburgh School of Law (1)
- University of Tennessee College of Law (1)
- Vanderbilt University Law School (1)
- Publication Year
- Publication
-
- All Faculty Scholarship (139)
- Articles in Law Reviews & Other Academic Journals (17)
- ExpressO (14)
- Faculty Scholarship (7)
- Georgetown Law Faculty Publications and Other Works (6)
-
- Articles (5)
- Villanova Law Review (5)
- Indiana Law Journal (4)
- Publications (4)
- Seattle University Law Review (4)
- Articles by Maurer Faculty (3)
- D. Daniel Sokol (3)
- UF Law Faculty Publications (3)
- Carlo Drago (2)
- Faculty Publications (2)
- Herbert Hovenkamp (2)
- LLM Theses and Essays (2)
- Latoya C. Brown, Esq. (2)
- Law & Economics Working Papers (2)
- Michael Diathesopoulos (2)
- Michigan Law Review (2)
- Paolo Santella (2)
- Shi-Ling Hsu (2)
- Akiva A Miller (1)
- Alan J. Meese (1)
- Bret Dickey (1)
- Brooklyn Law Review (1)
- Chester J Shiu (1)
- College of Law Faculty Scholarship (1)
- D. Bruce Johnsen (1)
- Publication Type
- File Type
Articles 241 - 266 of 266
Full-Text Articles in Law and Economics
Unilateral Competitive Effects Theories In Merger Analysis, Jonathan Baker
Unilateral Competitive Effects Theories In Merger Analysis, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Problem With Baker Hughes And Syufy: On The Role Of Entry In Merger Analysis, Jonathan Baker
The Problem With Baker Hughes And Syufy: On The Role Of Entry In Merger Analysis, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Strategic Alliances: Emerging Trends In Future Corporate Business, Naresh Menghraj Gehi
Strategic Alliances: Emerging Trends In Future Corporate Business, Naresh Menghraj Gehi
LLM Theses and Essays
A strategic alliance is an arrangement for economic collaboration between firms at the same level of distribution, involving an exchange of critical skills aimed at buffering the core business strategy, technology, or markets of the partners. Research indicates that the care and thought of the strategic alliance partners increases with the importance of the venture to the strategic objectives of the entity. This paper describes the importance of strategic alliances in today’s competitive world. It examines the benefits of entering into strategic alliances, the legal implications of strategic alliances, and various industries where strategic alliances are dominant. Finally, this paper …
Criminal Penalties Under The Sherman Act: A Study Of Law And Economics, Kenneth G. Dau-Schmidt, Joseph Gallo, Charles Parker, Joseph Craycraft
Criminal Penalties Under The Sherman Act: A Study Of Law And Economics, Kenneth G. Dau-Schmidt, Joseph Gallo, Charles Parker, Joseph Craycraft
Articles by Maurer Faculty
This paper presents an empirical analysis of criminal antitrust prosecutions undertaken by the Department of Justice during the period 1955-1993. The authors report data on the number of criminal cases, the type of offense alleged, whether the defendants were individuals or firms, the position individual defendants held in their firm, the Department of Justice's won/lost record and the nature and amount of any sanctions imposed. A brief discussion of whether the reported sanctions have been adequate to promote efficient deterrence is also presented.
Two Sherman Act Section 1 Dilemmas: Parallel Pricing, The Oligopoly Problem, And Contemporary Economic Theory, Jonathan Baker
Two Sherman Act Section 1 Dilemmas: Parallel Pricing, The Oligopoly Problem, And Contemporary Economic Theory, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Corporate Law Through An Antitrust Lens, Edward B. Rock
Corporate Law Through An Antitrust Lens, Edward B. Rock
All Faculty Scholarship
No abstract provided.
Economic Rents And Essential Facilities, Keith N. Hylton
Economic Rents And Essential Facilities, Keith N. Hylton
Faculty Scholarship
This paper presents an economic analysis of the essential facility doctrine of antitrust. According to this doctrine, a firm or group of firms that possesses exclusive access to a cost-reducing facility must be prepared to share such access on fair terms with competitors.
A Redrafted Section I Of The Sherman Act, Robert H. Heidt
A Redrafted Section I Of The Sherman Act, Robert H. Heidt
Articles by Maurer Faculty
No abstract provided.
Commentary: Implications Of Professor Scherer's Research For The Future Of Antitrust, Robert H. Lande
Commentary: Implications Of Professor Scherer's Research For The Future Of Antitrust, Robert H. Lande
All Faculty Scholarship
One way to test the accuracy of Professor Scherer's research is to compare it to the best previous work in the area. Prior to his current article the best analysis of the state of economic thinking and knowledge during antitrust's formative period was presented twelve years ago by—Professor Scherer. This was a skeletal precurser to the well-documented version that he now presents, but his overall conclusions are identical. During the twelve years since his conclusions were presented in the Yale Law Journal no one has demonstrated that his research is in any way faulty or misleading, even though many have …
Cable Traffic And The First Amendment Must-Carry Under A Diversity Approach And Antitrust As Possible Alternative, Bruno Vandermeulen
Cable Traffic And The First Amendment Must-Carry Under A Diversity Approach And Antitrust As Possible Alternative, Bruno Vandermeulen
LLM Theses and Essays
Recent technological progress in the field of telecommunications has greatly changed the competitive structure between broadcasters, cable operators, and telephone companies. The legal and economic environment for these media participants has shifted, and new problems have arisen. One major problem is the enhanced threat of concentration of media corporations, as corporate bigness becomes desirable and the number of diversified owners of media outlets continues to decrease. This paper analyzes broadcasting regulations and subsequent case law to show the concern by the legislature and regulatory agencies to preserve diversity in opinion and media-ownership through emphasis on “localism” and a “marketplace of …
The Antitrust Movement And The Rise Of Industrial Organization, Herbert J. Hovenkamp
The Antitrust Movement And The Rise Of Industrial Organization, Herbert J. Hovenkamp
All Faculty Scholarship
The modern science of industrial organization grew out of a debate among lawyers and economists in the waning years of the nineteenth century. For Americans, the emergent business "trust" provoked a dialogue about how the law should respond. Many of the formal theories of industrial organization, such as the ruinous competition doctrine, the potential competition doctrine, and the post-classical concern about vertical integration, were actually borrowed from the law.
Anglo-American and European economists disputed the proper domain of theory and description in economic analysis. The British approach was exemplified Alfred and Mary Paley Marshall's Economics of Industry, published in …
Antitrust And The Challenge Of Internationalization, David J. Gerber
Antitrust And The Challenge Of Internationalization, David J. Gerber
All Faculty Scholarship
No abstract provided.
Monopoly Power And Market Power In Antitrust Law, Thomas G. Krattenmaker, Robert H. Lande, Steven C. Salop
Monopoly Power And Market Power In Antitrust Law, Thomas G. Krattenmaker, Robert H. Lande, Steven C. Salop
All Faculty Scholarship
This article seeks an answer to a question that should be well settled: for purposes of antitrust analysis, what is 'market power' and/or 'monopoly power'? The question should be well settled because antitrust law requires proof of actual or likely market power or monopoly power to establish most types of antitrust violations.
Examination of key antitrust law opinions, however, shows that courts define 'market power' and 'monopoly power' in ways that are both vague and inconsistent. We conclude that the present level of confusion is unnecessary and results from two different but related errors:
(1) the belief or suspicion that …
Do The Doj Vertical Restraints Guidelines Provide Guidance?, Alan A. Fisher Ph.D., Frederick I. Johnson, Robert H. Lande
Do The Doj Vertical Restraints Guidelines Provide Guidance?, Alan A. Fisher Ph.D., Frederick I. Johnson, Robert H. Lande
All Faculty Scholarship
Vertical restraints come in a glittering menu of exceptional variety, including resale price maintenance (RPM), tying, exclusive dealing, requirements contracts, "best efforts" clauses, full-line forcing, airtight and nonairtight exclusive territories, customer restrictions, areas of primary responsibility, profit-passover provisions, restrictions on locations of outlets, and dual distribution. Firms sometimes combine vertical restraints into packages. The great variety of individual and combined vertical restraints complicates the discovery of market effects. Indeed, identifying what restraint(s) a given firm is using at any particular time can be difficult.
Antitrust Policy After Chicago, Herbert J. Hovenkamp
Antitrust Policy After Chicago, Herbert J. Hovenkamp
All Faculty Scholarship
This article, which was published in 1985, describes the development of a "Post-Chicago" antitrust policy. The Chicago School of antitrust analysis has made an important and lasting contribution to antitrust policy. The School has placed an emphasis on economic analysis in antitrust jurisprudence that will likely never disappear. At the same time, however, the Chicago School's approach to antitrust is defective for two important reasons. First of all, the notion that public policymaking should be guided exclusively by a notion of efficiency based on the neoclassical market efficiency model is naive. That notion both overstates the ability of the policymaker …
Antitrust Law And Economic Analysis: The Swedish Approach, David J. Gerber
Antitrust Law And Economic Analysis: The Swedish Approach, David J. Gerber
All Faculty Scholarship
No abstract provided.
Book Reviews, George A. Hay, H. Michael Mann, Teresa Amott
Book Reviews, George A. Hay, H. Michael Mann, Teresa Amott
Vanderbilt Law Review
Book Reviews:
The Antitrust Penalties: A Study in Law and Economics By Kenneth G. Elzinga and William Breit
Reviewed by George A. Hay
The Antitrust Penalties was published in 1976. Its main mes-sage is that the only efficient antitrust penalty is a heavy fine and that incarceration comes out poorly by any benefit-cost standard.Later that year, in a celebrated and possibly unprecedented appearance, newly appointed Assistant Attorney General Donald I. Baker argued before a federal district judge that jail sentences were the appropriate penalty for a group of defendants who had just been convicted in one of the major price-fixing …
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.
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.
Economic Pressure And Antitrust (With James A. Wilkinson), Henry H. Perritt Jr.
Economic Pressure And Antitrust (With James A. Wilkinson), Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Antitrust Law - The Per Se Rule - Naked Horizontal Territorial Restraints Held To Be Illegal Per Se, A. Roy Decaro
Antitrust Law - The Per Se Rule - Naked Horizontal Territorial Restraints Held To Be Illegal Per Se, A. Roy Decaro
Villanova Law Review
No abstract provided.
The Patent-Antitrust Balance: Proposals For Change, N.R. Powers
The Patent-Antitrust Balance: Proposals For Change, N.R. Powers
Villanova Law Review
No abstract provided.
Antitrust - Standing - State Does Not Have Standing To Sue As Parens Patriae Under Section 4 Of The Clayton Act For Damages To The General Economy Attributed To Violations Of The Antitrust Laws, James M. Papada Iii
Villanova Law Review
No abstract provided.
The New Antitrust: A Structural Approach, Charles E. Mueller
The New Antitrust: A Structural Approach, Charles E. Mueller
Villanova Law Review
No abstract provided.
The Abc's Of Clayton 7: Amendment Of 1950, Brown Shoe, The Court And Current Complexities, Various Editors
The Abc's Of Clayton 7: Amendment Of 1950, Brown Shoe, The Court And Current Complexities, Various Editors
Villanova Law Review
No abstract provided.
Stein & Nicholson: American Enterprise In The European Common Market: A Legal Profile. Vol. Ii, Sigmund Timberg
Stein & Nicholson: American Enterprise In The European Common Market: A Legal Profile. Vol. Ii, Sigmund Timberg
Michigan Law Review
A Review of American Enterprise in the European Common Market: A Legal Profile. Vol. II. Volume Two. Edited by Eric Stein and Thomas L. Nicholson.