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The Evolution And Vitality Of Merger Presumptions: A Decision-Theoretic Approach, Steven C. Salop 2015 Georgetown University Law Center

The Evolution And Vitality Of Merger Presumptions: A Decision-Theoretic Approach, Steven C. Salop

Georgetown Law Faculty Publications and Other Works

This article reviews the formulation and evolution of the Philadelphia National Bank anticompetitive presumption through the lens of decision theory and Bayes Law. It explains how the economic theory, empirical evidence and experience are used to determine a presumption and how that presumption interacts with the reliability of relevant evidence to rationally set the appropriate burden of production and burden of persuasion to rebut the presumption. The article applies this reasoning to merger presumptions. It also sketches out a number of non-market share structural factors that might be used to supplement or replace the current legal and enforcement presumptions for …


Wrong Direction On Climate, Trade And Development, Lisa E. Sachs, Lise Johnson 2015 Columbia Law School, Columbia Center on Sustainable Investment

Wrong Direction On Climate, Trade And Development, Lisa E. Sachs, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

In pushing for Trade Promotion Authority, the Obama administration argues that the agreements it is negotiating (including TPP and TTIP) are true 21st century agreements that correct the failings of past agreements and will promote trade and investment that can both re-launch America as the key economic player and promote broad-based sustainable development at home and abroad.


The Application Of The Consumer Rights Act In The Electricity Market, Marzena Czarnecka 2015 Doktor nauk ekonomicznych; radca prawny; adiunkt Katedra Prawa UE Katowice

The Application Of The Consumer Rights Act In The Electricity Market, Marzena Czarnecka

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

The article presents selected issues related to the responsibilities of energy companies in the context of consumer rights. The considerations presented in this paper determine what disclosure obligations were imposed upon energy companies in relation to consumers. Households are often confused by the ‘jungle’ of information made available to them and resulting competitive bids. Consumers should thus have clear and transparent information to allow them to make informed decisions in the electricity field.


Solicitation Of Anticompetitive Action From Foreign Governments: Should The Noerr-Pennington Doctrine Apply To Communications With Foreign Sovereigns?, Ronald W. Davis 2015 Columbia Law School

Solicitation Of Anticompetitive Action From Foreign Governments: Should The Noerr-Pennington Doctrine Apply To Communications With Foreign Sovereigns?, Ronald W. Davis

Georgia Journal of International & Comparative Law

No abstract provided.


Misuse Of Information Under The Computer Fraud And Abuse Act: On What Side Of The Circuit Split Will The Second And Third Circuits Wind Up?, Robert D. Sowell 2015 University of Florida Levin College of Law

Misuse Of Information Under The Computer Fraud And Abuse Act: On What Side Of The Circuit Split Will The Second And Third Circuits Wind Up?, Robert D. Sowell

Florida Law Review

The Computer Fraud and Abuse Act (CFAA) has reached a breaking point. The much-discussed issue is whether the CFAA provides a cause of action against persons who use electronic information in a way that violates a relevant computer-use policy. Four circuit courts of appeals have held that the CFAA provides a cause of action for misuses of information, while two have disagreed. In two undecided circuits, the district courts have favored the latter interpretation. As the Supreme Court recently refused to address the issue, these two undecided circuits will play a pivotal role in determining the direction of the CFAA.


Investor-State Dispute Settlement, Public Interest And U.S. Domestic Law, Lise Johnson, Lisa E. Sachs, Jeffrey D. Sachs 2015 Columbia Law School, Columbia Center on Sustainable Investment

Investor-State Dispute Settlement, Public Interest And U.S. Domestic Law, Lise Johnson, Lisa E. Sachs, Jeffrey D. Sachs

Columbia Center on Sustainable Investment Staff Publications

As negotiations are ongoing in the Trans-Pacific Partnership (TPP) and the Trans-Atlantic Trade and Investment Partnership Agreement (TTIP), CCSI staff and Jeffrey Sachs discuss the implications of investor-state dispute settlement (ISDS) for domestic law and policy, focusing on effects within the US. The paper concludes that the risks ISDS poses for domestic law are significant and unjustified, and that there are preferable policy alternatives to pursue as a means of protecting the rights of investors operating overseas.


Social Injustice In Minor League Baseball: How Major League Baseball Makes Use Of An Antitrust Exemption To Exploit Its Employees, Gregg Steinman 2015 University of Miami Law School

Social Injustice In Minor League Baseball: How Major League Baseball Makes Use Of An Antitrust Exemption To Exploit Its Employees, Gregg Steinman

University of Miami Race & Social Justice Law Review

No abstract provided.


Quality-Enhancing Merger Efficiencies, Roger D. Blair, D. Daniel Sokol 2015 University of Florida

Quality-Enhancing Merger Efficiencies, Roger D. Blair, D. Daniel Sokol

UF Law Faculty Publications

The appropriate role of merger efficiencies remains unresolved in US antitrust law and policy. The Patient Protection and Affordable Care Act (ACA) has led to a significant shift in health care delivery. The ACA promises that increased integration and a shift from quantity of performance through increased competition will create a system in which quality will go up and prices will go down. Increasingly, due to the economic trends that respond to the ACA, including considerable consolidation both horizontally and vertically, it is imperative that the antitrust agencies provide an economically sound and administrable legal approach to efficiency enhancing mergers. …


Licensing Health Care Professionals, State Action And Antitrust Policy, Roger D. Blair, Christine Piette Durrance 2015 University of Florida

Licensing Health Care Professionals, State Action And Antitrust Policy, Roger D. Blair, Christine Piette Durrance

UF Law Faculty Publications

In this Essay, we raise some economic concerns about the wisdom of conferring antitrust immunity on professional licensing boards, which are often comprised of members of the profession and therefore apt to be motivated by self-interest rather than the public interest. In Part II, we examine the political economy of special interest legislation, which suggests that little public good results from replacing competitive market forces with self-regulation. In Part III, we employ a basic economic model to generate predictions of the economic effects of professional licensing. Part IV provides a survey of the empirical research in this area, which confirms …


Judicial Treatment Of The Antitrust Treatise, Hillary Greene, D. Daniel Sokol 2015 University of Florida Levin College of Law

Judicial Treatment Of The Antitrust Treatise, Hillary Greene, D. Daniel Sokol

UF Law Faculty Publications

This essay examines Herbert Hovenkamp's influence in antitrust law and policy in the courts. This essay focuses its attention primarily with the Treatise and primarily in the area of merger law – procedural with issues of antitrust injury and substantively with merger efficiencies. The essay provides a case count citation analysis of Hovenkamp's scholarship and compares Hovenkamp to other major figures in antitrust scholarship (Bork and Posner) and to the other antitrust treatises (Kintner and Sullivan) in the courts. Our meta-level findings show that Hovenkamp is far more cited than other treatise writers or scholars who have been recognized for …


All I Really Need To Know About Antitrust I Learned In 1912, Daniel A. Crane 2015 University of Michigan Law School

All I Really Need To Know About Antitrust I Learned In 1912, Daniel A. Crane

Articles

Herbert Hovenkamp has indisputably earned the deanship of contemporary antitrust scholarship. One could point to many different attributes by which he has earned his laurels: fantastic scholarly productivity; clarity and precision in the craft of writing; analytical depth in both law and economics; moderation in a field apt to polarization; and custodianship of the influential Areeda treatise. In this Essay, I hope to honor another quality that has contributed significantly to Herb’s tremendous success as an antitrust scholar—his engagement with history. Much contemporary antitrust scholarship bursts with excitement at the discovery of new phenomena or theories that in all actuality …


Why Fast Track Is A Dangerous Gift To Corporate Lobbies, Jeffrey D. Sachs, Lisa E. Sachs, Lise Johnson 2015 Columbia University, The Center for Sustainable Development

Why Fast Track Is A Dangerous Gift To Corporate Lobbies, Jeffrey D. Sachs, Lisa E. Sachs, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

The Obama Administration is now on track to get "fast track" legislation through the Senate, heading towards a close vote in the House. The end goal is to conclude two major business treaties: the Trans-Atlantic Trade and Investment Partnership Agreement (TTIP) and the Trans-Pacific Partnership Agreement (TPP). The House Democrats are right to withhold their support until key treaty positions favored by the White House are dropped.


From The Lab To The Supermarket: In Vitro Meat As A Viable Alternative To Traditional Meat Production, Trae Norton 2015 University of Arkansas, Fayetteville

From The Lab To The Supermarket: In Vitro Meat As A Viable Alternative To Traditional Meat Production, Trae Norton

Journal of Food Law & Policy

In 1932, Winston Churchill predicted that 50 years in the future "we shall escape the absurdity of growing a whole chicken in order to eat the breast or wing by growing these parts separately under a suitable medium." Although Churchill's prediction is about 30 years off, in August of 2013, the first ever meat patty grown in vitro was consumed in London, England. With this historic scientific achievement, many are predicting that in vitro meat will be a viable solution to the problems associated with industrial meat production, such as animal cruelty, inefficient natural resource consumption, and pollution. Analysts predict …


Antitrust Federalism And State Restraints Of Interstate Commerce: An Essay For Herbert Hovenkamp, Alan J. Meese 2015 William & Mary Law School

Antitrust Federalism And State Restraints Of Interstate Commerce: An Essay For Herbert Hovenkamp, Alan J. Meese

Faculty Publications

No abstract provided.


It Takes Time: The Need To Extend The Seal Period For Qui Tam Complaints Filed Under The False Claims Act, Joel D. Hesch 2015 Seattle University School of Law

It Takes Time: The Need To Extend The Seal Period For Qui Tam Complaints Filed Under The False Claims Act, Joel D. Hesch

Seattle University Law Review

Each year, 10% of all federal government spending is lost due to fraud, which adds up to over $350 billion a year. Unfortunately, many well-meaning federal judges are inadvertently making it easier for wrongdoers to retain these ill-gotten gains by unnecessarily cutting short the investigative time for the government to evaluate fraud allegations brought by whistleblowers under the False Claims Act (FCA). The FCA is the federal government’s primary tool to recover funds obtained through the submission of false claims. Because the government is unable to detect most fraud cases absent the help of whistleblowers, Congress included qui tam provisions …


Antitrust Goals In Developing Countries: Policy Alternatives And Normative Choices, Dina I. Waked 2015 Seattle University School of Law

Antitrust Goals In Developing Countries: Policy Alternatives And Normative Choices, Dina I. Waked

Seattle University Law Review

This Article outlines the different policy alternatives that could guide antitrust enforcement in developing countries. These include efficiency- based goals (allocative, productive, economic, and dynamic efficiency) and non-efficiency-based goals (protecting small businesses; achieving international competitiveness; eradicating poverty; and promoting fairness, equality, and justice). The actual antitrust goals selected by fifty developing countries are then presented. Finally, a proposal is made with regards to what developing countries should aim at achieving with their antitrust law enforcement. This normative take is geared towards realizing dynamic efficiencies or technological progress, coupled with redistribution through antitrust rules, as the accelerators of growth and development. …


Book Review: Basic Community Laws. Eds. Bernard Rudden & Derrick Wyatt. Clarendon Press. Oxford, 1980., Bernhard Schloh 2015 Council of the European Communities

Book Review: Basic Community Laws. Eds. Bernard Rudden & Derrick Wyatt. Clarendon Press. Oxford, 1980., Bernhard Schloh

Georgia Journal of International & Comparative Law

No abstract provided.


National Panasonic (U.K.) Ltd. V. E.C. Commission - Antitrust Investigations In The European Economic Community: Prior Notice And Fundamental Rights, Jacqueline Stein 2015 University of Georgia School of Law

National Panasonic (U.K.) Ltd. V. E.C. Commission - Antitrust Investigations In The European Economic Community: Prior Notice And Fundamental Rights, Jacqueline Stein

Georgia Journal of International & Comparative Law

No abstract provided.


The Liability Of Foreign Governments Under United States Antitrust Laws, James F. Ponsoldt, Jesse Stone 2015 University of Georgia School of Law

The Liability Of Foreign Governments Under United States Antitrust Laws, James F. Ponsoldt, Jesse Stone

Georgia Journal of International & Comparative Law

No abstract provided.


Spirit Airlines, Inc. V. Northwest Airlines, Inc.: A Case For Increased Regulation Of The Airline Industry, Erica Wessling 2015 William & Mary Law School

Spirit Airlines, Inc. V. Northwest Airlines, Inc.: A Case For Increased Regulation Of The Airline Industry, Erica Wessling

William & Mary Business Law Review

The relatively short history of the airline industry is characterized by sudden shifts and divergent standards that attempt to negotiate a complex market. High demand, uniqueness of service, and difficulty of market entry render the market particularly susceptible to monopolization among competitors. Recently, the rise of the low-cost carrier business model has exposed high barriers to entry into the airline market. In attempts to remedy the harm against both prospective market entrants and consumers, lowcost carriers have levied price predation claims against entrenched legacy airlines. Due to the difficulty in negotiating the divide between predatory behavior and lawful competition, courts …


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