Potential Competitive Effects Of Vertical Mergers: A How-To Guide For Practitioners,
2014
Georgetown University Law Center
Potential Competitive Effects Of Vertical Mergers: A How-To Guide For Practitioners, Steven C. Salop, Daniel P. Culley
Georgetown Law Faculty Publications and Other Works
The purpose of this short article is to aid practitioners in analyzing the competitive effects of vertical and complementary product mergers. It is also intended to assist the agencies if and when they undertake revision of the 1984 U.S. Vertical Merger Guidelines. Those Guidelines are out of date and do not reflect current enforcement or economic thinking about the potential competitive effects of vertical mergers. Nor do they provide the tools needed to carry out a modern competitive effects analysis. This article is intended to partially fill the gap by summarizing the various potential competitive harms and benefits that can …
How Not To Apply Actavis,
2014
Northwestern Pritzker School of Law
Securities - Insider Trading - The Effects Of The New Eec Draft Insider Trading Directive,
2014
University of Georgia School of Law
Securities - Insider Trading - The Effects Of The New Eec Draft Insider Trading Directive, Douglas A. Nystrom
Georgia Journal of International & Comparative Law
No abstract provided.
Toward A Patent Exhaustion Regime For Sustainable Development, 32 Berkeley J. Int'l Law. 330 (2014),
2014
John Marshall Law School
Toward A Patent Exhaustion Regime For Sustainable Development, 32 Berkeley J. Int'l Law. 330 (2014), Benjamin Liu
UIC Law Open Access Faculty Scholarship
This Article argues that the current exhaustion doctrine, when applied to the refurbishing industry, fails to balance its mandate of promoting technological progress with the broader program of sustainable development and is therefore unsuitable for countries on the modernization path. First, what constitutes an infringing “making” remains underdetermined. Second, the evidentiary hurdle for proving legal refurbishment is too onerous for the low margin and under-resourced refurbishing industry. Finally, the all-or-nothing approach to judging infringement fails to account for the nuanced cost-benefit nexus that exists between patentees, refurbishers, and society at large and discourages private ordering. To recalibrate the balance between …
Market Power Without Market Definition,
2014
University of Michigan Law School
Market Power Without Market Definition, Daniel A. Crane
Articles
Antitrust law has traditionally required proof of market power in most cases and has analyzed market power through a market definition/market share lens. In recent years, this indirect or structural approach to proving market power has come under attack as misguided in practice and intellectually incoherent. If market definition collapses in the courts and antitrust agencies, as it seems poised to do, this will rupture antitrust analysis and create urgent pressures for an alternative approach to proving market power through direct evidence. None of the leading theoretic approaches—such as the Lerner Index or a search for supracompetitive profits—provides a robust …
Recent Journalism Awards Won By "Old," "New," And "Hybrid" Media,
2014
University of Baltimore School of Law
Recent Journalism Awards Won By "Old," "New," And "Hybrid" Media, Robert H. Lande, Thomas J. Horton, Virginia Callahan
All Faculty Scholarship
This compares the quality of the "old" media to that of the "new" media by determining how often each type of media source wins major journalism awards. It divides media sources into three categories: old, new and hybrid. New media is limited to publications that were started purely as online news publications. Old media is classified in the traditional sense to include such newspapers as the New York Times. Hybrid media combines elements of both new and old media. Our research compares the number of Pulitzer Prizes and other major journalism awards won by these three types of media sources …
Brief Of Amici Curiae Antitrust Law Professors In O'Bannon V. Ncaa,
2014
Boston University School of Law
Brief Of Amici Curiae Antitrust Law Professors In O'Bannon V. Ncaa, Thomas C. Arthur, Amitai Aviram, Edward D. Cavanagh, Jorge L. Contreras, Daniel A. Crane, Susan Beth Farmer, Herbert Hovenkamp, Keith N. Hylton, Michael S. Jacobs, Alan J. Meese, Salil K. Mehra, William H. Page, Gary R. Roberts, D. Daniel Sokol, Alexander Volokh
Faculty Scholarship
On November 21, 2014, 15 professors of antitrust law at leading U.S. universities submitted an amicus brief in the O'Bannon v. NCAA 9th Circuit appeal in support of the NCAA. They have an interest in the proper development of antitrust jurisprudence, and they agree that the court below misapplied the “less restrictive alternative” prong of the rule of reason inquiry for assessing the legality of restraints of trade under Section 1 of the Sherman Act, 15 U.S.C. § 1. They are concerned that the district court’s approach to the antitrust rule of reason, if affirmed, would grant undue authority to …
Resolving Competition Related Disputes Under The Aml: Theory & Practice,
2014
Penn State Dickinson School of Law
Resolving Competition Related Disputes Under The Aml: Theory & Practice, Susan Beth Farmer
Presentations
This presentation was given at the European China Law Studies 2014 Conference, Making, Enforcing and Accessing the Law, in Hong Kong. The presentation addresses the Chinese Anti-Monopoly Law (AML), the MOFCOMM, NDRC, and SAIC, and litigation before the Supreme People's Court.
Predatory Hiring As Exclusionary Conduct: A New Perspective,
2014
Pepperdine University
Predatory Hiring As Exclusionary Conduct: A New Perspective, Richard J. Braun, Michael A. Williams
The Journal of Business, Entrepreneurship & the Law
The showing of predatory or exclusionary conduct is a necessary element to prove an attempted monopolization claim under section 2 of the Sherman Act. Predatory hiring as a form of exclusionary conduct has not been extensively analyzed from legal or economic perspectives. Most litigated cases have followed Universal Analytics, Inc. v. MacNeal-Schwendler Corp., where the court held that unlawful predatory hiring occurs when talent is acquired not for purposes of using that talent, but for purposes of denying it to a competitor. An anticompetitive act by a single firm is an act that is not profit maximizing but for the …
Rethinking The Rhetoric Of Antidumping: A Response To Mark Wu's Reform Proposal,
2014
Crowell & Moring LLP
Rethinking The Rhetoric Of Antidumping: A Response To Mark Wu's Reform Proposal, Pierce Lee
Georgia Journal of International & Comparative Law
No abstract provided.
Securities Regulation - Great Expectations And The Reality Of Rule 144a And Regulation S; The Sec's Approach To The Internationalization Of The Financial Marketplace,
2014
University of Georgia School of Law
Securities Regulation - Great Expectations And The Reality Of Rule 144a And Regulation S; The Sec's Approach To The Internationalization Of The Financial Marketplace, R. Brandon Asbill
Georgia Journal of International & Comparative Law
No abstract provided.
Japanese Fair Trade Commission Guidelines For Licensing Agreements: An Overview And A Critique,
2014
Wilson, Sonsini, Goodrich & Rosati
Japanese Fair Trade Commission Guidelines For Licensing Agreements: An Overview And A Critique, Bradley J. Nicholson
Georgia Journal of International & Comparative Law
No abstract provided.
Market Power Without Market Definition,
2014
The University of Michigan Law School
Market Power Without Market Definition, Daniel A. Crane
Notre Dame Law Review
Antitrust law has traditionally required proof of market power in most cases and has analyzed market power through a market definition/market share lens. In recent years, this indirect or structural approach to proving market power has come under attack as misguided in practice and intellectually incoherent. If market definition collapses in the courts and antitrust agencies, as it seems poised to do, this will rupture antitrust analysis and create urgent pressures for an alternative approach to proving market power through direct evidence. None of the leading theoretic approaches—such as the Lerner Index or a search for supracompetitive profits—provides a robust …
European Commission - Concentrations - Nestle's Bid To Takeover Perrier: A Landmark Merger Restructuring On Duopoly Grounds,
2014
University of Georgia School of Law
European Commission - Concentrations - Nestle's Bid To Takeover Perrier: A Landmark Merger Restructuring On Duopoly Grounds, William M. Willis Iv
Georgia Journal of International & Comparative Law
No abstract provided.
The Reauthorization Of Exon-Florio: A Battle Between Spurring The U.S. Economy And Protecting National Security,
2014
University of Georgia School of Law
The Reauthorization Of Exon-Florio: A Battle Between Spurring The U.S. Economy And Protecting National Security, Ellison F. Mccoy
Georgia Journal of International & Comparative Law
No abstract provided.
North American Free Trade Agreement: The Public Debate,
2014
University of Tennessee
North American Free Trade Agreement: The Public Debate, Frances Lee Ansley
Georgia Journal of International & Comparative Law
No abstract provided.
International Trade - Possible Undermining Of U.S. Pesticide And Food Safety Laws By The Draft Text Of The Uruguay Round Of Gatt Negotiations,
2014
University of Georgia School of Law
International Trade - Possible Undermining Of U.S. Pesticide And Food Safety Laws By The Draft Text Of The Uruguay Round Of Gatt Negotiations, Beth Sanders
Georgia Journal of International & Comparative Law
No abstract provided.
Environmental Unilateralism And The Wto/Gatt System,
2014
Newcastle Law School
Environmental Unilateralism And The Wto/Gatt System, Ilona Cheyne
Georgia Journal of International & Comparative Law
No abstract provided.
The World Trade Organization: Elevating Property Interests Above Human Rights,
2014
Thomas Jefferson School of Law
The World Trade Organization: Elevating Property Interests Above Human Rights, Marjorie Cohn
Georgia Journal of International & Comparative Law
No abstract provided.
The World Trade Organization And Its Interpretation Of The Article Xx Exceptions To The General Agreement Of Tariffs And Trade, In Light Of Recent Developments,
2014
University of Georgia School of Law
The World Trade Organization And Its Interpretation Of The Article Xx Exceptions To The General Agreement Of Tariffs And Trade, In Light Of Recent Developments, Brandon L. Bowen
Georgia Journal of International & Comparative Law
No abstract provided.
