Shifting Sentiments Toward Antitrust Enforcement: The Impact Upon Antitrust Enforcement In Licensing Of Patented Technology Arrangements Containing Tying Agreements,
2015
The University of Akron
Shifting Sentiments Toward Antitrust Enforcement: The Impact Upon Antitrust Enforcement In Licensing Of Patented Technology Arrangements Containing Tying Agreements, Michael L. Jordan
Akron Law Review
Nothing so drastic as the repeal of the antitrust laws has occurred. However, considerable leeway exists for changing attitudes to alter judicial interpretation and government enforcement of the relevant statutes. This comment scrutinizes one antitrust issue with potential international significance: tying arrangements in licensing of patented technology. This comment also analyzes the impact of changing attitudes on antitrust law enforcement in this area.
Punt, Impasse Or Kick: The 1987 Nflpa Antitrust Action,
2015
The University of Akron
Punt, Impasse Or Kick: The 1987 Nflpa Antitrust Action, Elyzabeth Joy Holford
Akron Law Review
The business aspects of professional sport dominated the media when a twenty-seven day strike disrupted the 1987 NFL football season, which included the hiring of replacement players, the filing of numerous labor charges by both the NFL Management Council (NFLMC) and the NFL Players' Association (NFLPA) and the dismal end of the strike after many players crossed the picket lines to return to play.' On the day that the NFLPA announced that the strike was over, they also shifted into their final goal line defense: the filing of an antitrust action against the National Football League (NFL) and each individual …
Antitrust Common Law: Restrictive Covenants And Reasonableness,
2015
The University of Akron
Antitrust Common Law: Restrictive Covenants And Reasonableness, Thomas J. Collin
Akron Law Review
This article will review the ancillary restraint doctrine in Ohio. It will do so by focusing on the three settings in which restrictive covenants are commonly, and most frequently, used and from which the vast majority of the case law has emerged: (1) the sale of a business; (2) leasing; and (3) employment. As the following discussion will show, analysis of ancillary restraints should be uniform even though the subjects of restrictive covenants may differ.
The Beginning Of Development Of Legal Regulations Of Competition In Russia,
2015
The University of Akron
The Beginning Of Development Of Legal Regulations Of Competition In Russia, Marina P. Bardina J.D.
Akron Law Review
Analyzing the legal regulation of the activity in the commodities markets, required by the Law, we begin with an examination of provisions on prevention, restriction and prohibition of monopolistic activity. Monopolistic activity is defined by the Law as action or inaction of business entities or state bodies, that contradict the Law and are directed at barring, restricting or distorting competition and/or causing losses to the consumers
Sui Generis'?: An Antitrust Analysis Of Buyer Power In The United States And European Union,
2015
The University of Akron
Sui Generis'?: An Antitrust Analysis Of Buyer Power In The United States And European Union, Richard Scheelings, Joshua D. Wright
Akron Law Review
The argument of this paper is simple: from an economic policy point of view, there is nothing special about market power on the buyer side of markets. In particular, we reject the contention that retail sector buying power requires different treatment from antitrust authorities compared to other sectors in the economy. Likewise, we find arguments contending that ‘buyer power’ requires that new or different laws be enacted or judicially developed ultimately unpersuasive. This paper is divided into three parts. Part I summarizes the relevant economics of buyer power, and more generally, monopsony. Part II compares the relevant antitrust treatment, in …
Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures,
2015
Seattle University School of Law
Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures, Anastasia Telesetsky
Seattle University Law Review
Illegal, unreported, and unregulated fishing (IUU fishing) is a substantial threat to global food security and a recurring problem for global fishery managers already facing difficult baseline situations exacerbated by climate change, including warming oceans and increasing acidification. There is nothing historically new about IUU fishing; there have always been poachers who take advantage of operating in the shadows of legal commercial fishing. What is new is the extent to which marine poaching has industrialized. It is estimated that 19% of the worldwide value of marine catches are unlawful. The problem is not limited to developing states. For example, even …
Ag Gag Past, Present, And Future,
2015
Seattle University School of Law
Ag Gag Past, Present, And Future, Justin F. Marceau
Seattle University Law Review
While the animal rights and food justice movements are relatively young, their political unpopularity has generated a steady onslaught of legislation designed to curtail their effectiveness. At each stage of their nascent development, these movements have confronted a new wave of criminal or civil sanctions carefully tailored to combat the previous successes the movements had achieved.
Re-Tooling Marine Food Supply Resilience In A Climate Change Era: Some Needed Reforms,
2015
Seattle University School of Law
Re-Tooling Marine Food Supply Resilience In A Climate Change Era: Some Needed Reforms, Robin Kundis Craig
Seattle University Law Review
Ocean fisheries and marine aquaculture are an important but often overlooked component of world food security. For example, of the seven billion (and counting) people on the planet, over one billion depend on fish as their primary source of protein, and fish is a primary source of protein (30 percent or more of protein consumed) in many countries around the world, including Japan, Greenland, Taiwan, Indonesia, several countries in Africa, and several South Pacific island nations. Marine fisheries and marine aquaculture have been subject to a number of stressors that can undermine world food security, including overfishing, habitat destruction, and …
Opening The Barnyard Door: Transparency And The Resurgence Of Ag-Gag & Veggie Libel Laws,
2015
Seattle University School of Law
Opening The Barnyard Door: Transparency And The Resurgence Of Ag-Gag & Veggie Libel Laws, Nicole E. Negowetti
Seattle University Law Review
Over the past several decades, as the agricultural system became increasingly industrialized and the steps from farm to plate multiplied, consumers became farther removed from the sources of their food. Until recently, most consumers in America were content to eat their processed, cheap, and filling foods without giving a second thought to how these foods were produced. The tides are changing. Increasingly, consumers are calling for more transparency in the food system. Repulsed by images of animal cruelty and shocked by unsavory food production practices, consumers want the food industry’s veil lifted and are demanding changes in food production. The …
Why Martha Stewart Did Not Violate Rule 10b-5: On Tipping, Piggybacking, Front-Running And The Fiduciary Duties Of Securities Brokers©,
2015
The University of Akron
Why Martha Stewart Did Not Violate Rule 10b-5: On Tipping, Piggybacking, Front-Running And The Fiduciary Duties Of Securities Brokers©, Ray J. Grzebielski
Akron Law Review
This article will set out to show that Martha Stewart did not engage in insider trading. First, the article will present the legal standards for insider trading. Then, the article will examine whether Martha Stewart received an improper tip from Sam Waksal, the president of ImClone and a personal friend of Martha Stewart. The article will then proceed to look at whether Martha Stewart’s knowledge of Waksal’s attempted trading constituted material nonpublic information on which she improperly traded. Lastly, the article will examine whether Peter Bacanovic’s breach of Merrill Lynch’s confidentiality policy in telling Martha Stewart of another customer’s trading …
Not Treble Damages: Cartel Recoveries Are Mostly Less Than Single Damages,
2015
Purdue University
Not Treble Damages: Cartel Recoveries Are Mostly Less Than Single Damages, John M. Connor, Robert H. Lande
All Faculty Scholarship
Antitrust law provides treble damages for victims of antitrust violations, but the vast majority of private cases settle. The average or median size of these settlements relative to the overcharges involved has, until now, been only the subject of anecdotes or speculation. To ascertain what we term "Recovery Ratios," we assembled a sample consisting of every completed private U.S. cartel case discovered from 1990 to mid-2014 for which we could find the necessary information. For each of these 71 cases we collected, we assembled neutral scholarly estimates of affected commerce and overcharges. We compared these to the damages secured in …
The Influence Of The Areeda-Hovenkamp Treatise In The Lower Courts And What It Means For Institutional Reform In Antitrust,
2015
Vanderbilt University Law School
The Influence Of The Areeda-Hovenkamp Treatise In The Lower Courts And What It Means For Institutional Reform In Antitrust, Rebecca Haw Allensworth
Vanderbilt Law School Faculty Publications
It is often pointed out that while the United States Supreme Court is the final arbiter in setting antitrust policy and promulgating antitrust rules, it does so too infrequently to be an efficient regulator. And since the antitrust agencies, the Federal Trade Commission ("FTC") and the Antitrust Division of the Department of Justice ("DOJ"), rarely issue guidelines, and even more rarely issue rules or regulations, very little antitrust law is handed down from on high. Instead, circuits split, and lower courts must muddle through new antitrust problems by finding analogies in technologically and socially obsolete precedents. When faced with this …
Deterrence And Antitrust Punishment: Firms Versus Agents,
2015
Boston University School of Law
Deterrence And Antitrust Punishment: Firms Versus Agents, Keith N. Hylton
Faculty Scholarship
Antitrust enforcement regimes rely on penalties against two groups of actors for deterrence: penalties against the violating firm and penalties against the violating firm's agents. Here, I examine the economics of punishing agents versus firms. My area of application is antitrust, but the argument applies generally to other fields in which the government has the choice of punishing the agent, the firm, or both. This analysis suggests that whenever the firm has an incentive, given existing penalties, to engage in some illegal act that may result in relatively modest punishment for its agents, the firm can almost always induce its …
Report On The Conference Ten Years Of Decentralized Eu Competition Law Enforcement: Success Or Failure? Amsterdam, 14/11/2014,
2015
PhD in law, attorney-at-law, member of the Centre of Antitrust and Regulatory Studies at the Faculty of Management, University of Warsaw, assistant professor at Katowice School of Economics
Report On The Conference Ten Years Of Decentralized Eu Competition Law Enforcement: Success Or Failure? Amsterdam, 14/11/2014, Dominik Wolski
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
Amsterdam, 14/11/2014
Report On The 19th Cars Open Phd Seminar Liability Of Parent Companies And The Concept Of Guilt Of Collective Entities In Polish Competition Law. Warsaw, 25/03/2015,
2015
Université de Fribourg
Report On The 19th Cars Open Phd Seminar Liability Of Parent Companies And The Concept Of Guilt Of Collective Entities In Polish Competition Law. Warsaw, 25/03/2015, Marta Michałek
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
Warsaw, 25/03/2015
Entire Issue Vol. 4 No. 4,
2015
Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw
Entire Issue Vol. 4 No. 4
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
Vol 4(4)
Table Of Contents,
2015
Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw
Table Of Contents
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
Table of contents
New Has Arrived, Newer Is Coming,
2015
Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw
New Has Arrived, Newer Is Coming, Anna Piszcz
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
From the Volume Editor
Report On The Second National Conference The Consumer In The Rail Passenger Market, Łódź, 18/03/2015,
2015
Magistrant w Katedrze Prawa Gospodarczego Publicznego na Wydziale Prawa i Administracji Uniwersytetu Łódzkiego; Prezes Naukowego Koła Prawa Energetycznego i Innych Sektorów Infrastrukturalnych Uniwersytetu Łódzkiego
Report On The Second National Conference The Consumer In The Rail Passenger Market, Łódź, 18/03/2015, Marcin Kraśniewski, Marcin Ziarkowski
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
Łódź, 18/03/2015
Conference On The Harmonization Of Private Antitrust Enforcement: A Central And Eastern European Perspective, Supraśl, 2-4/07/2015,
2015
Centrum Studiów Antymonopolowych i Regulacyjnych, UW
Conference On The Harmonization Of Private Antitrust Enforcement: A Central And Eastern European Perspective, Supraśl, 2-4/07/2015, Tadeusz Skoczny, Anna Piszcz
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
Supraśl, 2-4/07/2015
