Cartels By Another Name: Should Licensed Occupations Face Antitrust Scrutiny?,
2014
Vanderbilt University Law School
Cartels By Another Name: Should Licensed Occupations Face Antitrust Scrutiny?, Rebecca Haw Allensworth
Vanderbilt Law School Faculty Publications
It has been over a hundred years since George Bernard Shaw wrote that “[a]ll professions are a conspiracy against the laity.” Since then, the number of occupations and the percentage of workers subject to occupational licensing have exploded; nearly one-third of the U.S. workforce is now licensed, up from five percent in the 1950s. Through occupational licensing boards, states endow cosmetologists, veterinary doctors, medical doctors, and florists with the authority to decide who may practice their art. It cannot surprise when licensing boards comprised of competitors regulate in ways designed to raise their profits. The result for consumers is higher …
Alleging An Anticompetitive Impact On A Discernible Market: Changing The Antitrust Landscape For Collegiate Athletics,
2014
Villanova University Charles Widger School of Law
Alleging An Anticompetitive Impact On A Discernible Market: Changing The Antitrust Landscape For Collegiate Athletics, Randy Haight
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
The Proposed Damages Directive: The Real Lessons From The United States,
2014
University of Baltimore School of Law
The Proposed Damages Directive: The Real Lessons From The United States, Robert H. Lande
All Faculty Scholarship
Europeans should be doubly cautious when they study the U.S. experience with private antitrust enforcement. Nevertheless, there are ten specific lessons they can learn. None, however, is consistent with the conventional wisdom in the international competition community that U.S.-style private enforcement has been a disaster. Each should help Europe objectively consider the Commission's proposed Directive concerning private enforcement of Competition law.
Deferred Prosecutions In The Corporate Sector: Lessons From Libor,
2014
Seattle University School of Law
Deferred Prosecutions In The Corporate Sector: Lessons From Libor, Justin O'Brien, Olivia Dixon
Seattle University Law Review
Since 2008, the global economic downturn has significantly in-creased operating pressures on major corporations. Additionally, there has been a corresponding increase in corporate tolerance for corruption, which has coincided with a marked preference by regulators in settling, rather than litigating, enforcement actions. This Article argues that the expansion of prosecutorial authority without appropriate accountability restraints is a major tactical and strategic error. It evaluates whether the mechanism can be made subject to effective oversight. It argues that the current frame-work in the United States is highly problematic, leading to settlements that generate newspaper headlines but not necessarily cultural change. It …
The Timing And Source Of Regulation,
2014
Seattle University School of Law
The Timing And Source Of Regulation, Frank Partnoy
Seattle University Law Review
The distinction between specific concrete rules and general abstract principles has engaged legal theorists for decades. This rules–principles distinction has also become increasingly important in corporate and securities law, as well as financial market regulation. This Article adds two important variables to the rules–principles debate: timing and source. Although these two variables are relevant to legal theory generally, the specific goal here is not to address and engage the rules versus principles literature directly. Rather, the goal here is to ask whether the debate about financial market regulation might benefit from a more transparent analysis of temporal and legal source …
Enhancing The Transparency Dialogue In The “Santiago Principles” For Sovereign Wealth Funds,
2014
Seattle University School of Law
Enhancing The Transparency Dialogue In The “Santiago Principles” For Sovereign Wealth Funds, Adam D. Dixon
Seattle University Law Review
The financial crisis ultimately caused Western governments to welcome sovereign wealth fund (SWF) investment as a way to put a floor under collapsing markets and to provide a set of voluntary principles that would underwrite SWFs’ claim to legitimacy in the international community. In the autumn of 2007, then U.S. Treasury Secretary Henry Paulson, in conjunction with the International Monetary Fund, convened the International Working Group of SWFs (IWG) to draft a set of generally accepted principles and practices. These principles are referred to as the “Santiago Principles.” The implicit objective of these twenty-four voluntary principles is to promote greater …
Culture Wars: Rate Manipulation, Institutional Corruption, And The Lost Normative Foundations Of Market Conduct Regulation,
2014
Seattle University School of Law
Culture Wars: Rate Manipulation, Institutional Corruption, And The Lost Normative Foundations Of Market Conduct Regulation, Justin O'Brien
Seattle University Law Review
The global investigations into the manipulation of the London Interbank Offered Rate (Libor) have raised significant questions about how conflicts of interest are managed for regulated entities contributing to benchmarks. An alternative framework, which brings the management of the rate process under direct regulatory supervision, is under consideration, coordinated by the International Organization of Securities Commissions taskforce. The articulation of global principles builds on a review commissioned by the British government that suggests rates calculated by submission can be reformed. This paper argues that this approach is predestined to fail, precisely because it ignores the lessons of history. In revisiting …
The New Policing Of Business Crime,
2014
Seattle University School of Law
The New Policing Of Business Crime, Rachel E. Barkow
Seattle University Law Review
The central goal of this Article is to describe the burgeoning turn to new policing techniques in the business crime context and to offer some initial thoughts on the promises and limits of the approach. Part II begins by explaining the traditional or “old policing” of business crime. After implementing an initial strategy that focused on pursuing individuals, the government turned its attention to the organizations where those individuals operated. It increased the sanctions for violators and sought to target companies in an effort to prompt them to adopt internal compliance pro-grams. The focus on company compliance programs was designed …
Analyzing The Scope Of Major League Baseball's Antitrust Exemption In Light Of San Jose V. Office Of The Commissioner Of Baseball,
2014
Notre Dame Law School
Analyzing The Scope Of Major League Baseball's Antitrust Exemption In Light Of San Jose V. Office Of The Commissioner Of Baseball, Justin B. Bryant
Notre Dame Law Review
San Jose's antitrust suit against Major League Baseball renews the challenge of defining the scope and applicability of the baseball antitrust exemption and the struggle to sort through the lower court precedent to arrive at a workable standard for the exemption. This Note will discuss the history of the exemption, the potential standards for applying the exemption, and analyze Judge Whyte's order dismissing San Jose's antitrust claims in City of San Jose v. Office of the Commissioner of Baseball to determine the persuasiveness the court's opinion may have going forward as well as potential issues with the court's reasoning.
Innovation And Optimal Punishment, With Antitrust Applications,
2014
Boston University School of Law
Innovation And Optimal Punishment, With Antitrust Applications, Keith N. Hylton, Haizhen Lin
Faculty Scholarship
This article modifies the optimal punishment analysis by incorporating investment incentives with external benefits. In the models examined, the recommendation that the optimal penalty should internalize the marginal social harm is no longer valid. We focus on antitrust applications. In light of the benefits from innovation, the optimal policy will punish monopolizing firms more leniently than suggested in the standard static model. It may be optimal not to punish the monopolizing firm at all, or to reward the firm rather than punish it. We examine the precise balance between penalty and reward in the optimal punishment scheme.
Policing The Firm,
2014
University of Florida Levin College of Law
Consent Of The Governed Or Consent Of The Government? The Problems With Consent Decrees In Government-Defendant Cases,
2014
Florida State University College of Law
Consent Of The Governed Or Consent Of The Government? The Problems With Consent Decrees In Government-Defendant Cases, Michael T. Morley
Scholarly Publications
Consent decrees raise serious Article III concerns. When litigants agree on their rights and jointly seek the same relief from a court, they are no longer adverse and a justiciable controversy no longer exists between them. In the absence of an actual controversy between opposing parties, it is both inappropriate and unnecessary for a court to issue a substantive order declaring or modifying the litigants' rights. Whether Article Ill's adverseness requirement is seen as jurisdictional or prudential, federal courts should decline to issue consent decrees and instead require litigants that wish to voluntarily resolve a case to execute a settlement …
Lessons From At&T'S Flop: How To Grow In The Technology Industry While Avoiding Section 7 Antitrust Obstacles,
2014
Pepperdine University
Lessons From At&T'S Flop: How To Grow In The Technology Industry While Avoiding Section 7 Antitrust Obstacles, John Soma
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Dodd-Frank's Conflict Minerals Rule: The Tin Ear Of Government-Business Regulation,
2014
Coastal Carolina University
Dodd-Frank's Conflict Minerals Rule: The Tin Ear Of Government-Business Regulation, Henry Lowenstein
Marketing and Hospitality, Resort and Tourism Management
This paper examines an unusual provision included in the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010), Section 1502 known as the Conflict Minerals Rule. This provision, having nothing to do with the subject matter of the act itself, attempts to place a chilling effect on the trade of four identified minerals from the Democratic Republic of Congo. The provision and its subsequent rule, surprisingly delegated to the U.S. Securities and Exchange Commission (an agency lacking subject matter expertise in minerals) presents a case and object lesson of almost every cost, procedural and legal error that can take place …
Universal Anti-Bribery Legislation
Can Save International Business: A Comparison Of The Fcpa And The Ukba In An Attempt To Create
Universal Legislation To Combat
Bribery Around The Globe,
2014
University of Richmond Law School
Universal Anti-Bribery Legislation Can Save International Business: A Comparison Of The Fcpa And The Ukba In An Attempt To Create Universal Legislation To Combat Bribery Around The Globe, Lindsey Hills
Richmond Journal of Global Law & Business
No abstract provided.
Apple And Amazon’S Antitrust Antics: Two Wrongs Don’T Make A Right, But Maybe They Should,
2014
The Catholic University of America, Columbus School of Law
Apple And Amazon’S Antitrust Antics: Two Wrongs Don’T Make A Right, But Maybe They Should, Kerry Gutknecht
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Is There A Vatican School For Competition Policy?,
2014
Assist. Prof., Pazmany Peter Catholic University
Is There A Vatican School For Competition Policy?, Tihamer Toth
Loyola University Chicago Law Journal
This Article examines whether the Catholic Church’s social teaching has something to tell antitrust scholars and masters of competition policy. Although papal encyclical letters and other documents are not meant to provide an analytical framework giving clear answers to complex competition questions, this does not mean that these thoughts cannot benefit businessmen, scholars, and policy makers. The Vatican teaching helps us remember that business and morality do not belong to two different worlds, and that markets should serve the whole Man. It acknowledges the positive role of free markets,that is, the exercise of economic freedom as being an important part …
Ending Reverse-Payment Immunity: A Proposed
Framework For Antitrust Scrutiny Under California’S
Cartwright Act,
2014
Pacific McGeorge School of Law
Ending Reverse-Payment Immunity: A Proposed Framework For Antitrust Scrutiny Under California’S Cartwright Act, Anthony Serrao
McGeorge Law Review
No abstract provided.
Judicial Authority In Wto Law: A Commentary On The Appellate Body's Decision In China-Rare Earths,
2014
Wayne State University
Judicial Authority In Wto Law: A Commentary On The Appellate Body's Decision In China-Rare Earths, Julia Ya Qin
Law Faculty Research Publications
No abstract provided.
Interactive Antitrust Federalism: Antitrust Enforcement In Tennessee Then And Now,
2014
Yale Law School
Interactive Antitrust Federalism: Antitrust Enforcement In Tennessee Then And Now, Clark L. Hildabrand
Transactions: The Tennessee Journal of Business Law
In light of the recent debates surrounding the proper relationship between federal and state antitrust enforcement, this Paper explores the early years of state antitrust enforcement to see how the Sherman Act impacted state antitrust law. Since Tennessee was the location of the first federal case brought under the Sherman Act and has been involved in recent indirect purchaser action against Microsoft Corporation, this Paper particularly focuses on the development of antitrust law within Tennessee. Before the Sherman Act, Tennessee antitrust enforcement was limited to the narrow confines of common law restraint of trade, but the implementation of the Sherman …
