The Present Antitrust Jungle,
2015
The University of Akron
The Present Antitrust Jungle, G. William Trivoli
Akron Law Review
First, a brief review of the historical framework of antitrust is presented to gain some perspective of the present problems. Second, there is a brief review of the legal and economic concepts of monopoly. Next, there is a brief discussion of two important unresolved issues of antitrust, conglomerate mergers and economic concentration. Finally, several recommendations are made for changes and improvements in antitrust to make it more effective and less cumbersome.
Cguppi: Scoring Incentives To Engage In Parallel Accommodating Conduct,
2015
Charles River Associates (CRA)
Cguppi: Scoring Incentives To Engage In Parallel Accommodating Conduct, Serge Moresi, David Reitman, Steven C. Salop, Yianis Sarafidis
Georgetown Law Faculty Publications and Other Works
We propose an index for scoring coordination incentives, which we call the “coordination GUPPI” or cGUPPI. While the cGUPPI can be applied to a wide range of coordinated effects concerns, it is particularly relevant for gauging concerns of parallel accommodating conduct (PAC), a concept that received due prominence in the 2010 U.S. Horizontal Merger Guidelines. PAC is a type of coordinated conduct whereby a firm raises price with the expectation—but without any prior agreement—that one or more other firms will follow and match the price increase. The cGUPPI is the highest uniform price increase that all the would-be coordinating firms …
Trending @ Rwulaw: Susan Schwab Heyman's Post: Defining The Boundaries Of Insider Trading,
2015
Roger Williams University School of Law
Trending @ Rwulaw: Susan Schwab Heyman's Post: Defining The Boundaries Of Insider Trading, Susan Schwab Heyman
Law School Blogs
No abstract provided.
Advertising Of Food And Drugs: Concealing A Truth, Hinting A Lie,
2015
The University of Akron
Advertising Of Food And Drugs: Concealing A Truth, Hinting A Lie, Barry S. Donner
Akron Law Review
THE FOCUS OF THIS COMMENT is on recent advertisements promoting foods and drugs. Listed below are some representative ads, either recently published in magazines, or broadcast on radio or television. The question is whether they represent practices which, under the Federal Trade Commission Act, are prohibited, or should be prohibited.
International Joint Ventures And The U.S. Antitrust Laws,
2015
The University of Akron
International Joint Ventures And The U.S. Antitrust Laws, James R. Atwood
Akron Law Review
"This paper deals with only a limited class of international joint ventures and with only one body of law. It is therefore incomplete but more manageable in scope. I address only questions under United States antitrust laws, excluding those raised by foreign or international antitrust. Also, consistent with the Symposium's topic I limit myself to joint ventures involving foreign business activities by U.S. companies. This excludes joint ventures between solely foreign firms, and those between U.S. companies and foreign entities where the locus of the venture is to be the United States. These other forms of joint ventures present competitive …
Recent Developments In International Antitrust,
2015
The University of Akron
Recent Developments In International Antitrust, Joel Davidow
Akron Law Review
"IN THIS ERA of relative peace, many nations, including our own, are focusing more attention on important international economic issues rather than on military or political questions. These current issues include how to control abuses by multinational corporations, how to deal with commodity cartels, how to achieve a satisfactory transfer of technology to less developed nations, and how to create additional export opportunities for nations with a shortage of foreign exchange. In a broad sense, all these subjects can be viewed as involving issues of international antitrust or competition policy."
Anti-Fraud Provisions Of The Securities Act; Erisa; Pension Plans; Section 17(A) Private Right Of Action; Daniel V. International Brotherhood Of Teamsters,
2015
The University of Akron
Anti-Fraud Provisions Of The Securities Act; Erisa; Pension Plans; Section 17(A) Private Right Of Action; Daniel V. International Brotherhood Of Teamsters, Marlene P. Emery, Barbara M. Heinzerling
Akron Law Review
In Daniel v. International Brotherhood of Teamsters the Seventh Circuit Court of Appeals held that the federal securities laws apply to disclosure of information regarding employee pension and profit sharing plans. In an era when disclosure of information has become mandatory and commonplace, it is not surprising that relevant information on pension plans should be disclosed to employees. The important aspect of this case is that disclosure was required under the anti-fraud provisions of the federal securities laws, rather than under the provisions of the Employee Retirement Income Security Act (ERISA). Questions concerning the Securities and Exchange Commission's jurisdiction over …
Securities Laws Implications For Savings Associations Acting As Trustees For Ira's And Keoghs,
2015
The University of Akron
Securities Laws Implications For Savings Associations Acting As Trustees For Ira's And Keoghs
Akron Law Review
This article will focus on the major problem area which has resulted from the above legislation. That problem is whether or not a savings association must register with the Securities and Exchange Commission (SEC) pursuant to the Securities Act of 1931 or the Investment Company Act of 1940, as a consequence of acting as trustee for an IRA or Keogh plan.
Regulating State Chartered Savings Associations: An Introduction To The Ohio Scheme,
2015
The University of Akron
Regulating State Chartered Savings Associations: An Introduction To The Ohio Scheme, Ronald E. Alexander
Akron Law Review
This article is an initial effort to examine this regulator, certain of its most important policies, and the impact of those recent developments upon policy-making by the Division. Part one contains a brief overview of agency staffing, appointment and removal of the Superintendent, and the budget appropriation process. Part two examines the three most important areas of the Superintendent's regulatory authority: examinations, chartering and branching. Part three discusses the recently developed administrative procedures for rule-making by the agency.
Paradigm Of Labor-Antitrust Relations: Defining A Union's Allowable Area Of Economic Conflict,
2015
The University of Akron
Paradigm Of Labor-Antitrust Relations: Defining A Union's Allowable Area Of Economic Conflict, Kenneth J. Kryvoruka
Akron Law Review
The friction between a relaxed labor policy and the stringent antitrust laws presents a dilemma. In 1921, Chief Justice Taft noted that the purpose and effect of every labor organization is to eliminate competition in the labor market, while Learned Hand, in reflecting the national policy favoring competition, stated that: "It is possible, because of its indirect social or moral effect, to prefer a system of small producers, each dependent for his success upon his own skill and character, to one in which the great mass of those engaged must accept the direction of a few."
Regulating Unfair Practices Under The Ftc Act: The Need For A Legal Standard Of Unfairness,
2015
The University of Akron
Regulating Unfair Practices Under The Ftc Act: The Need For A Legal Standard Of Unfairness, Teresa M. Schwartz
Akron Law Review
This article will examine the Commission's past and proposed use of the unfairness theory to justify these trade regulation rules. It is the thesis of this article that the Commission has not defined adequately the parameters of the amorphous statutory term "unfair... acts or practices" nor analyzed the term sufficiently or consistently in its application to trade regulation rules. By purposefully leaving the unfairness theory vague, the Commission invites judicial reversals of its regulations and legislative limitations on its authority.
Call Me, Maybe? The Seventh Circuit's Call In Motorola Mobility,
2015
Notre Dame Law School
Call Me, Maybe? The Seventh Circuit's Call In Motorola Mobility, Jeffrey H. Smith
Notre Dame Law Review
This Note seeks to establish that the Seventh Circuit should have held in Motorola Mobility that the FTAIA’s “direct . . . effect” requirement is satisfied when a foreign subsidiary suffers a harm due to anticompetitive activity abroad and there exists a reasonably proximate causal nexus between that harm and the domestic effect in the United States. Furthermore, the “gives rise to” requirement of the FTAIA sufficiently accounts for concerns of international comity and, under the facts of this case, causes Motorola’s claim to fail. Part I explores the history of the Sherman Antitrust Act and its international application before …
The Antitrust Laws And The Health Industry,
2015
The University of Akron
The Antitrust Laws And The Health Industry, Robert P. Borsody
Akron Law Review
"The health industry is one of the largest and fastest growing sectors of the nation's economy, yet in the past, trade regulation cases arising in this area have been disproportionately few. Today this is changing. The courts and regulatory agencies have increasingly held the attitude that if physicians and health care providers wish to reap the benefits of commercial activity they must bear the burden of competition, including trade regulation."
The Validity Of Vertical Restraints Under U.S. And E.E.C. Antitrust Laws,
2015
The University of Akron
The Validity Of Vertical Restraints Under U.S. And E.E.C. Antitrust Laws, Cataldo L. Cammarata
Akron Law Review
The major issues in vertical restraints involve questions of agency, resale price maintenance and territorial and customer limitations. Both the United States and the European Economic Community utilize antitrust law to regulate vertical restraints and the undesirable effects flowing therefrom. This article will assess the posture taken by antitrust law vis-a-vis vertical restraints in the United States and the Common Market and will examine the extent to which a restraint in the distribution field will be considered valid by the two systems
Private Cause Of Action Under Section 17(A) Of Securities Exchange Act Of 1934; Doctrine Of Implication; Touche Ross V. Redington,
2015
The University of Akron
Private Cause Of Action Under Section 17(A) Of Securities Exchange Act Of 1934; Doctrine Of Implication; Touche Ross V. Redington, James L. Miller
Akron Law Review
The Securities Exchange Act of 1934 is principally designed to protect investors through regulation of securities transactions on the organized exchanges and in the over-the-counter markets. In addition to the creation of the Securities and Exchange Commission as its leading enforcement mechanism, the 1934 Act provides for criminal penalties and, in certain instances, private causes of action for individuals who incur damage by others' violations of the Act. However, courts will often imply a civil cause of action for an injured party despite the absence of express statutory authorization.3 Subsequent judicial attempts to determine when supplemental civil relief can or …
Refusals To Deal By Monopolists - Recent Decisions,
2015
The University of Akron
Refusals To Deal By Monopolists - Recent Decisions, Thomas J. Collin
Akron Law Review
This article will review and evaluate these recent principal cases, both judicial and administrative, in which single-firm refusals to deal by monopolists have been challenged under section 2 of the Sherman Act or, by analogy, under section 5 of the Federal Trade Commission Act. It will demonstrate that there is no reason to depart from conventional monopolization analysis in deciding these cases.
An Introductory Examination Of The Racketeer Influenced And Corrupt Organizations Act,,
2015
The University of Akron
An Introductory Examination Of The Racketeer Influenced And Corrupt Organizations Act,, David E. Morris
Akron Law Review
This comment will attempt to serve as an introduction to RICO, addressed to those with little or no knowledge of either its provisions and intricacies, or its potential usefulness and adaptability as a prosecution tool. The recent criticism of RICO by the American Bar Association will also be reviewed, as well as the ABA's proposed amendments to RICO. Finally, the state RICO statutes will be discussed. The advantages they offer states currently without any substantive laws dealing directly and primarily with organized and white-collar crime will be examined.
The Newspaper Preservation Act: Why It Fails To Preserve Newspapers,
2015
The University of Akron
The Newspaper Preservation Act: Why It Fails To Preserve Newspapers, John P. Patkus
Akron Law Review
Regardless of this elaborate mechanism set up to save failing newspapers, there has been an alarming number of failures of big city papers in recent years: Washington, Philadelphia, Cleveland, and Buffalo lost newspapers since the middle of 1981 and became one-newspaper towns. In light of this apparent failure of the NPA to achieve its stated purpose of "maintaining a newspaper press editorially and reportorially independent and competitive in all parts of the United States," this article attempts to answer two questions: How has the NPA been dealt with by the courts, and how effective has the NPA been in practice?
Three Strikes And You're Out: An Investigation Of Professional Baseball's Antitrust Exemption,
2015
The University of Akron
Three Strikes And You're Out: An Investigation Of Professional Baseball's Antitrust Exemption, H. Ward Classen
Akron Law Review
This Article will examine the economic structure of the professional sports industry, explore professional baseball's judicially created exemption from antitrust laws and discuss the impact of the Federal Baseball Club v. National League and subsequent decisions on the professional sports industry. Finally, this Article will demonstrate that while baseball's antitrust exemption may have been justified sixty-five years ago, it now promotes economic inefficiency and infringes upon the constitutional rights of professional baseball players to freely market their talents.
An Analysis Of The Vertical Price-Nonprice Dichotomy,
2015
The University of Akron
An Analysis Of The Vertical Price-Nonprice Dichotomy, John R. Allison
Akron Law Review
The debate concerning the appropriateness of existing antitrust standards for distribution (vertical) restrictions continues unabated. Some observers have criticized current national antitrust policy, which treats vertical price restraints (usually referred to as either resale price maintenance or vertical price fixing) as per se illegal and vertical nonprice restraints as illegal only if found unduly anticompetitive under the rule of reason, as being seriously lacking in theoretical unity. These commentators usually contend that resale price maintenance, like vertical nonprice restraints, should be judged under the rule of reason. A few have even called expressly for a rule of per se legality …
