Antitrust and Trade Regulation Commons^™

Selected Aspects Of The State’S Observance Of The Rule Of Equal Competition Related To The Automated Appraisal Of Real Estate, Krzysztof Jaroszyński

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

The subject of this paper is an analysis of selected legal aspects of business activity consisting of real estate appraisal. Besides regulations consisting of a reservation of preparing appraisals in the form of valuation reports on behalf of property qualifi ed valuers, binding law also assumes limitations in access to data used in the appraisal process, by differentiating its scope in the situations of interested persons. Therefore a question should be asked about the soundness to maintain limitations in running the subject activity considering the circumstances in which the country interferes in the economic freedom and the rule of competition. …

Thomas Philippon, The Great Reversal – How America Gave Up On Free Markets, The Belknap Press Of Harvard University Press, Cambridge, London 2019, Adam Jasser

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

The Belknap Press of Harvard University Press, Cambridge, London 2019

Elisabetta Bani, Beata Pachuca-Smulska, Edyta Rutkowska-Tomaszewska (Red.), Public And Private Law And The Challenges Of New Technologies And Digital Markets. New Technologies And Digital Markets In The Light Of Current Regulatory Challenges (Volume 1), Wydawnictwo C.H. Beck, Warszawa 2020, Ss. 310, Anna Piszcz

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

No abstract provided.

Mining The Harvard Caselaw Access Project, Felix B. Chang, Erin Mccabe, James Lee

Faculty Articles and Other Publications

This Essay illustrates how machine learning can disrupt legal scholarship through the algorithmic extraction and analysis of big data. Specifically, we utilize data from Harvard Law School’s Caselaw Access Project to model how courts tackle two thorny question in antitrust: the measure of market power and the balance between antitrust and regulation.

Ethnically Segmented Markets, Felix B. Chang

Faculty Articles and Other Publications

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 previous scholarship attributed the success of Korean American ventures to rotating credit and social capital, this Article ascribes their dominance in wigs and extensions to collusion and exclusion, tactics scrutinized under antitrust.

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 …

Competition, Privacy, And Big Data, Stanley M. Besen

Catholic University Journal of Law and Technology

This article analyzes the competition policy and privacy issues that are raised by large disparities in the amounts of consumer data that are held by different firms. First, it explains how competition authorities could take data acquisition into account in evaluating the effects of mergers and examines conditions under which those authorities might mandate data sharing among competitors. Next, it considers how privacy issues might be treated in analyzing whether data sharing should be permitted or mandated. Finally, it examines possible conflicts between policies that address competition and those that deal with privacy.

The New Madison Approach To Antitrust Law And Intellectual Property Law, Anita Alanko

Catholic University Journal of Law and Technology

The New Madison Approach has recently been introduced by the Department of Justice Antitrust Division in an effort to address a weakening of patent rights in recent years. The approach has four premises: patent hold-up is not an antitrust problem, standard setting organizations should better protect against patent hold-out to ensure maximum incentives to innovate, patent holder injunction rights should be protected and not limited, and a unilateral and unconditional refusal to license a valid patent should be per se legal. After providing an introduction to the relevant law and terms of art, support and criticism of the New Madison …

Tracing The Evolution Of Standards And Standard-Setting Organizations In The Ict Era, Manveen Singh

Marquette Intellectual Property Law Review

No abstract provided.

Digital Monopoly Without Regret, Ramsi Woodcock

Law Faculty Scholarly Articles

Attacks on Amazon, Google, and Facebook have tended to ignore a key lesson of the theory of monopolistic competition: that big is not always bad. A monopolist grows large because consumers prefer the firm’s products. The only question for the antitrust laws is whether consumers prefer the monopolist’s products because the monopolist has improved its products relative to those of competitors, or because the monopolist has degraded the products of competitors without improving its own. Only product-degrading conduct is socially harmful and violative of the antitrust laws. Although a complete accounting of conduct by Amazon, Google or Facebook is not …

De Facto Shareholder Primacy, Jeff Schwartz

Maryland Law Review

No abstract provided.

Unfair-But-Not-Deceptive: Confronting The Ambiguity In Washington State’S Consumer Protection Act, Emily Beale

Seattle University Law Review

This Comment will argue that Washington state courts must promulgate a new, workable definition of “unfair-but-not-deceptive” under Washington’s Consumer Protection Act. Washington courts have acknowledged that a business act or practice can be unfair but not deceptive, but a simple recognition does not fulfill the liberal intentions of the Consumer Protection Act. By continuously declining to define unfair- but-not-deceptive, Washington courts have left consumers vulnerable and without recourse. This Comment will highlight the approaches developed by the federal government and other state governments on how to confront the ambiguity of unfair-but-not-deceptive and will propose a concrete definition for the term.

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.

The Enduring Promise Of Antitrust, Philip J. Weiser

Loyola University Chicago Law Journal

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Movements, Moments, And The Eroding Antitrust Consensus, Michael Wolfe

Fordham Intellectual Property, Media and Entertainment Law Journal

Timothy Wu, The Curse of Bigness: Antitrust in the New Gilded Age (Columbia Global Reports, 2018). $14.99.

Timothy Wu’s book, The Curse of Bigness, offers a brief history on and critical perspective of antitrust law’s development over the last century, calling for a return to a Brandeisian approach to the law. In this review-essay, I use Wu’s text as a starting point to explore antitrust law’s current political moment. Tracing the dynamics at play in this debate and Wu’s role in it, I note areas underexplored in Wu’s text regarding the interplay of antitrust law with other forms of …

Danning Zhu, How To Improve China’S Approach To Parallel Imports Of Goods Bearing Trademarks, 19 Uic Rev. Intell. Prop. L. 125 (2020), Danning Zhu

UIC Review of Intellectual Property Law

Parallel import, also known as grey market goods, refers to the act of importing goods to a country and selling in the country without the permission of the domestic owner of IP vested in the imported goods. The importer can obtain profits through the price differences between parallel imported products and domestic products of the same variety. China and the United States have huge differences in parallel import policies, even though both countries have participated in major international IP treaties. The United States requires that parallel imported goods bearing a genuine trademark or trade name registered in the United States …

The Rise And (Potential) Fall Of U.S. Cartel Enforcement, Vivek Ghosal, D. Daniel Sokol

UF Law Faculty Publications

Government enforcement against collusion, now viewed by the Supreme Court as the “supreme evil” in antitrust, has gone through various phases of enforcement in the United States. There have been periods in which cartels have been able to collude more or less effectively given various institutional tools at the disposal of the government. By analyzing enforcement and prosecutions data over a long time horizon, 1969–2016, this Article examines the attributes of cartel enforcement over time and the changing use of tools to assist with detection and punishment. We provide a comprehensive description of critical cartel enforcement events and institutional developments …

Analyzing Vertical Mergers: Accounting For The Unilateral Effects Tradeoff And Thinking Holistically About Efficiencies, Roger D. Blair, Christine Wilson, D. Daniel Sokol, Keith Klovers, Jeremy Sandford

UF Law Faculty Publications

With the adoption of the 2020 Vertical Merger Guidelines, the U.S. antitrust agencies have updated their guidance on vertical mergers for the Twenty-First Century. Although economists have long recognized the procompetitive benefits most vertical mergers generate, the law has not always followed suit, and has sometimes condemned vertical mergers for making the merged firm more efficient. In this article, we attempt to catalogue the extensive list of efficiencies that vertical mergers can generate, trace the often halting efforts to incorporate these insights into the law, and propose a framework that courts and agencies can use to assess the likely competitive …

After Forty Years Of Antitrust Revision And Apple V. Pepper, What Now Illinois Brick?, Jeffrey L. Harrison

UF Law Faculty Publications

Nineteen seventy-seven was a paradigm-shifting year in antitrust law. Decisions by the Supreme Court greatly limited the type of parties who could successfully bring antitrust actions and what types of activities would violate the antitrust laws. First, in January of that year, the Court, in Brunswick v. Pueblo Bowl-O-Mat, ruled that to mount a case the plaintiff had to have suffered an antitrust injury. In other words, even if the antitrust laws were violated, the party raising the issue had to have suffered the type of harm the laws were designed to avoid. Then in a fourteen day span the …

Ebay, Permanent Injunctions, And Trade Secrets, Elizabeth A. Rowe

UF Law Faculty Publications

This Article presents the first qualitative empirical review of permanent injunctions in trade secret cases. In addition, it explores the extent to which the Supreme Court’s patent decision in eBay v. MercExchange has influenced the analysis of equitable principles in federal trade secret litigation. Among the more notable findings are that while equitable principles are generally applied in determining whether to grant a permanent injunction to a prevailing party after trial, the courts are not necessarily strictly applying the four factors from eBay. The award of monetary relief does not preclude equitable injunctive relief, and courts can find irreparable harm …