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A New Antitrust Framework To Protect Mom And Pop From Big Tech, Cara MacDonald 2022 Pepperdine University

A New Antitrust Framework To Protect Mom And Pop From Big Tech, Cara Macdonald

Journal of the National Association of Administrative Law Judiciary

While the economy declined during the COVID-19 pandemic, big technology companies like Amazon and Oracle experienced unprecedented growth and influence. Critics argue big technology companies are finding this level of success in-part due to anticompetitive practices. The crux of the debate rests on whether current, traditional antitrust laws are sufficient to cope with big technology companies. Some theorists argue that current laws are adequate, while others assert that antitrust laws are insufficient to regulate big technology companies because they are so different from the types of companies antitrust laws were designed to regulate. This article concludes that big tech companies ...


International Trade, Theodore P. Brackemyre, Tessa V. Capeloto, Sylvia Y. Chen, Dharmendra Choudhary, Kenneth C. Daines, Jeffrey O. Frank, Cynthia C. Galvez, Geoffrey Goodale, Sahar Hafeez, Michael P. House, Bernd G. Janzen, Elizabeth S. Lee, Usha Neelakantan, Devin S. Sikes, David J. Townsend, Daniel Wilson, Shuaiqi Yuan 2022 Southern Methodist University

International Trade, Theodore P. Brackemyre, Tessa V. Capeloto, Sylvia Y. Chen, Dharmendra Choudhary, Kenneth C. Daines, Jeffrey O. Frank, Cynthia C. Galvez, Geoffrey Goodale, Sahar Hafeez, Michael P. House, Bernd G. Janzen, Elizabeth S. Lee, Usha Neelakantan, Devin S. Sikes, David J. Townsend, Daniel Wilson, Shuaiqi Yuan

The Year in Review

No abstract provided.


International Antitrust, Miguel del Pino, Elizabeth Avery, Arda Reznikas, Bruno Drago, Paola Pugliese, Milena Mundim, Adam S. Goodman, Simon Kupi, Peter Wang, Yizhe Zhang, Laurie-Ann Grelier, Peter Camesasca, Naval Satarawala Chopra, Aman Singh Sethi, Shigeyoshi Ezaki, Youngjin Jung, Luke Shin, Gene-Oh Kim, Lara Grenville, Jonathan Tickner, Jasvinder Nakhwal, Lisl Dunlap, Shoshana Speiser 2022 Southern Methodist University

International Antitrust, Miguel Del Pino, Elizabeth Avery, Arda Reznikas, Bruno Drago, Paola Pugliese, Milena Mundim, Adam S. Goodman, Simon Kupi, Peter Wang, Yizhe Zhang, Laurie-Ann Grelier, Peter Camesasca, Naval Satarawala Chopra, Aman Singh Sethi, Shigeyoshi Ezaki, Youngjin Jung, Luke Shin, Gene-Oh Kim, Lara Grenville, Jonathan Tickner, Jasvinder Nakhwal, Lisl Dunlap, Shoshana Speiser

The Year in Review

No abstract provided.


Customs Law, Luis F. Arandia, D. "Bonni" van Blarcom, James Feroli, Greg Kanargelidis, Daniel L. Kiselbach, Kathleen M. Murphy, Matt Nakachi, Rebecca Rodriquez, Brian K. Rowlands, Zachary Silver 2022 Southern Methodist University

Customs Law, Luis F. Arandia, D. "Bonni" Van Blarcom, James Feroli, Greg Kanargelidis, Daniel L. Kiselbach, Kathleen M. Murphy, Matt Nakachi, Rebecca Rodriquez, Brian K. Rowlands, Zachary Silver

The Year in Review

No abstract provided.


Ftc V. Qualcomm And The Need To Reboot Antitrust Goals, Beatriz Del Chiaro da Rosa 2022 University of Miami Law School

Ftc V. Qualcomm And The Need To Reboot Antitrust Goals, Beatriz Del Chiaro Da Rosa

University of Miami Business Law Review

The antitrust community is facing a demanding question: Is antitrust enforcement ultimately about protecting consumers, competition, or both? This question has sparked debates about the ultimate goals of antitrust law. On one side of the debate, supporters of the consumer welfare standard; and on the other side, supporters of the Neo-Brandeisian standard of enforcement. At this crucial time in the debate of overarching antitrust goals, the Ninth Circuit’s holding in Federal Trade Commission v. Qualcomm Incorporated, one of the most important antitrust cases in the twenty-first century, poses many issues for the consumer welfare standard and antitrust enforcement in ...


Probing For Holes In The 100-Year-Old Baseball Exemption: A New Post-Alston Challenge, Sam C. Ehrlich 2022 University of Cincinnati College of Law

Probing For Holes In The 100-Year-Old Baseball Exemption: A New Post-Alston Challenge, Sam C. Ehrlich

University of Cincinnati Law Review

As professional baseball’s unique exemption to antitrust law celebrates its one-hundredth year of existence, it faces a new attack in Nostalgia Partners v. Office of the Commissioner of Baseball, a claim by a group of minor league owners shut out of MLB’s recent restructuring of its minor league affiliate system. While the baseball exemption has weathered dozens of similar challenges over the past century, the Nostalgia Partners plaintiffs claim that circumstances on the Supreme Court have changed enough that the justices would be willing to overturn or narrow the exemption in their favor. This claim rests with the ...


Antitrust Philosophy And Its Impact On Rural Industry, Logan Gary Johnson 2022 University of South Dakota

Antitrust Philosophy And Its Impact On Rural Industry, Logan Gary Johnson

Honors Thesis

The United States is a nation steeped in values, and tradition. One of these values has always been the preservation of competition in the pursuit of liberty. The philosophical backing of America’s founding can be traced back to a handful of European thinkers, most notably John Locke. The connection between Locke, America’s founding, and continued struggles with antitrust enforcement are worthy of exploration. Though likely unintentional, rural communities have been left to deal with the impacts of weak antitrust enforcement in a number of key sectors. Chief of which is Agriculture. Consolidation is the new norm, with each ...


Antitrust Implications Of The Ncaa's Restrictions On The Use Of Name, Image, And Likeness Of Student-Athletes, Jesse Addo 2022 University of St. Thomas, Minnesota

Antitrust Implications Of The Ncaa's Restrictions On The Use Of Name, Image, And Likeness Of Student-Athletes, Jesse Addo

University of St. Thomas Law Journal

No abstract provided.


France's Organisme De Défense Et De Gestion: A Model For Farmer Collective Action Through Standard Development And Brand Management, Christopher J. Bardenhagen, Philip H. Howard, Marie-Odile Noziéres-Petit 2022 Michican State University

France's Organisme De Défense Et De Gestion: A Model For Farmer Collective Action Through Standard Development And Brand Management, Christopher J. Bardenhagen, Philip H. Howard, Marie-Odile Noziéres-Petit

Journal of Food Law & Policy

Quality-based food production, often with a regional dimension, can provide farmers with new, value added markets. It can also provide consumers with access to place based high-quality products, and may benefit local economies through increased commerce. French Organismes de Défense et de Gestion (ODGs) illustrate a mode of quality-based agri-food business organization. ODGs focus on the development of production standards, as well as management of the intellectual property related to those standards. This mode, which is commonly used in Europe, has not often been used in the United States, despite its potential for regional food system development. The ODG mode ...


Student-Athletes' Push For Compensation: Analyzing The Impact Of Alston V.National Collegiate Athletic Association (Alston Ii), 958 F.3d 1239 (9th Cir. 2020), Matthew Nowak 2022 Villanova University Charles Widger School of Law

Student-Athletes' Push For Compensation: Analyzing The Impact Of Alston V.National Collegiate Athletic Association (Alston Ii), 958 F.3d 1239 (9th Cir. 2020), Matthew Nowak

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Ethnically Segmented Markets: Korean-Owned Black Hair Stores, Felix B. Chang 2022 University of Cincinnati College of Law

Ethnically Segmented Markets: Korean-Owned Black Hair Stores, Felix B. Chang

Indiana Law Journal

Races often collide in segmented markets where buyers belong to one ethnic group while sellers belong to another. This Article examines one such market: the retail of wigs and hair extensions for African Americans, a multi-billion-dollar market controlled by Korean Americans. Although prior scholarship attributed the success of Korean American ventures to rotating communal credit, this Article argues that their dominance in ethnic beauty supplies stems from collusion and exclusion.

This Article is the first to synthesize the disparate treatment of ethnically segmented markets in law, sociology, and economics into a comprehensive framework. Its primary contribution is to forge the ...


Charting The Reform Path, Sanjukta Paul 2022 Wayne State University

Charting The Reform Path, Sanjukta Paul

Michigan Law Review

A Review of Inequality and the Labor Market: The Case for Greater Competition. Edited by Sharon Block and Benjamin H. Harris.


Rebuilding Platform Antitrust: Moving On From Ohio V. American Express, Steven C. Salop, Daniel Francis, Lauren Sillman, Michaela Spero 2022 Georgetown University Law Center

Rebuilding Platform Antitrust: Moving On From Ohio V. American Express, Steven C. Salop, Daniel Francis, Lauren Sillman, Michaela Spero

Georgetown Law Faculty Publications and Other Works

Now that the immediate fallout from the Supreme Court’s blockbuster Amex decision has cooled, this Article aims to give a first draft of its place in antitrust history and to offer a roadmap for the next stage of the evolution of platform antitrust analysis. We focus on several issues that have not been fully analyzed in the literature. First, we argue that, rather than mangling the law of market definition, the Court should have explicitly permitted multi-market balancing of effects across the separate markets in which the platform was active. Second, we propose standards to implement such balancing in ...


International Trade, Brian Bombassaro, Tessa Capeloto, Sylvia Y. Chen, Dharmendra Choudhary, Shane T. Devins, Laura El-Sabaawi, Cynthia Galvez, Geoffrey Goodale, Sahar Hafeez, Alexandra Landis, Ying Lin, Elizabeth Lee, Cynthia Liu, Diane MacDonald, Yujin K. McNamara, David Sella-Villa, Sarah Sprinkle 2022 Southern Methodist University

International Trade, Brian Bombassaro, Tessa Capeloto, Sylvia Y. Chen, Dharmendra Choudhary, Shane T. Devins, Laura El-Sabaawi, Cynthia Galvez, Geoffrey Goodale, Sahar Hafeez, Alexandra Landis, Ying Lin, Elizabeth Lee, Cynthia Liu, Diane Macdonald, Yujin K. Mcnamara, David Sella-Villa, Sarah Sprinkle

The Year in Review

No abstract provided.


International Antitrust, Miguel del Pino, Elizabeth M. Avery, Sally Kirk, Adam S. Goodman, Peter Wang, Yizhe Zhang, Laurie-Ann Grelier, Peter Camesasca, Vinod Dhall, Mansi Tewari, Shigeyoshi ., Youngjin Jung, Anderson Mori & Tomotsune, Gina Jeehyun Choi, Lara Granville, Jonathan Tickner, Jasvinder Nakhwal, Lisl Dunlap 2022 Southern Methodist University

International Antitrust, Miguel Del Pino, Elizabeth M. Avery, Sally Kirk, Adam S. Goodman, Peter Wang, Yizhe Zhang, Laurie-Ann Grelier, Peter Camesasca, Vinod Dhall, Mansi Tewari, Shigeyoshi ., Youngjin Jung, Anderson Mori & Tomotsune, Gina Jeehyun Choi, Lara Granville, Jonathan Tickner, Jasvinder Nakhwal, Lisl Dunlap

The Year in Review

No abstract provided.


The Dawn Of A New Era: Antitrust Law Vs. The Antiquated Ncaa Compensation Model Perpetuating Racial Injustice, Amanda L. Jones 2022 Northwestern Pritzker School of Law

The Dawn Of A New Era: Antitrust Law Vs. The Antiquated Ncaa Compensation Model Perpetuating Racial Injustice, Amanda L. Jones

Northwestern University Law Review

Two crises in 2020 fueled the fire underlying a debate that has been smoldering for years: whether student athletes should be compensated. The COVID-19 pandemic coincided with the Black Lives Matter movement and drew unprecedented attention to systemic racism permeating society, including college sports that rely disproportionately on Black men risking physical harm to support an entire industry. The Supreme Court’s decision in NCAA v. Alston opened the door for some athletic conferences to offer student athletes unlimited education-related benefits and called out the NCAA’s business model that relies on not paying student athletes under the justification of ...


Blockchain Technology For Good, Wulf A. Kaal 2022 University of St. Thomas School of Law

Blockchain Technology For Good, Wulf A. Kaal

University of St. Thomas Law Journal

No abstract provided.


Lessons Covid-19 Taught: How The Global Pandemic Demonstrated That State Healthcare Regulations Can Kill, Devon Allgood 2022 Brooklyn Law School

Lessons Covid-19 Taught: How The Global Pandemic Demonstrated That State Healthcare Regulations Can Kill, Devon Allgood

Brooklyn Law Review

Certificate of Need (CON) laws are designed to lower the cost of healthcare and have been a staple of American law for over half a century. In the most basic sense, CON laws require that medical providers receive the government’s permission to build a new healthcare facility, purchase major medical equipment, add or remove services, and in some cases, change their hours of operation. These requirements are designed to lower the price of healthcare by limiting competition and barring providers from investing in services or equipment that are deemed “unnecessary” by the government, thus preventing these providers from passing ...


Antitrust Interoperability Remedies, Herbert J. Hovenkamp 2022 University of Pennsylvania Carey Law School

Antitrust Interoperability Remedies, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

Compelled interoperability can be a useful remedy for dominant firms, including large digital platforms, who violate the antitrust laws. They can address competition concerns without interfering unnecessarily with the structures that make digital platforms attractive and that have contributed so much to economic growth.

Given the wide variety of structures and business models for big tech, “interoperability” must be defined broadly. It can realistically include everything from “dynamic” interoperability that requires real time sharing of data and operations, to “static” interoperability which requires portability but not necessarily real time interactions. Also included are the compelled sharing of intellectual property or ...


2022 Mlb Lockout: Time To Re-Examine Baseball's Antitrust Exemption, Adam Renfro 2022 Saint Louis University School of Law

2022 Mlb Lockout: Time To Re-Examine Baseball's Antitrust Exemption, Adam Renfro

SLU Law Journal Online

In this article, Adam Renfro examines the legal basis for Major League Baseball's antitrust exemption in light of ongoing lockout in Major League Baseball. This article also discusses ongoing and current threats to the exemption and asserts that the exemption should be abolished once and for all.


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