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Arbitration And Antitrust: Navigating The Contours Of Mandatory Law, Charles H. Brower II 2011 University of Mississippi

Arbitration And Antitrust: Navigating The Contours Of Mandatory Law, Charles H. Brower Ii

Law Faculty Research Publications

No abstract provided.


Antitrust Review Of The At&T/Tmobile Transaction, Allen P. Grunes, Maurice E. Stucke 2011 Brownstein Hyatt Farber Schreck

Antitrust Review Of The At&T/Tmobile Transaction, Allen P. Grunes, Maurice E. Stucke

Federal Communications Law Journal

In August 2011, the United States brought a landmark antitrust lawsuit to prevent the merger of two of the nation's four largest mobile wireless telecommunications services providers, AT&T Inc. and T-Mobile USA, Inc. But why are so many elected officials asking the Obama administration to intercede in the Department of Justice's lawsuit to force a settlement? Why are they approving a merger that would likely lead to higher prices, fewer jobs, less innovation, and higher taxes for their constituents? Does it have anything to do with the money they are receiving from AT&T and T-Mobile? This Article examines the recent …


Statewide Cable Franchising: Expand Nationwide Or Cut The Cord?, James G. Parker 2011 Indiana University Maurer School of Law

Statewide Cable Franchising: Expand Nationwide Or Cut The Cord?, James G. Parker

Federal Communications Law Journal

In the name of increasing competition in the cable television market, Congress passed the Telecommunications Act of 1996. While this eliminated the barriers to entry using federal law, it did not change the nature of municipality-based cable system monopolies. In an effort to expand competition more quickly and efficiently, the phone companies (Verizon and AT&T) successfully supported legislation in at least twenty-five states that permits a single state application to compete statewide. This Note explores the varying approaches taken in the laws passed to date, analyzes the outcomes flowing from those implemented plans, and provides recommendations of the best practices …


Are You Ready For Some Football?: How Antitrust Laws Can Be Used To Break Up Directv's Exclusive Right To Telecast Nfl's Sunday Ticket Package, Ariel Y. Bublick 2011 Indiana University Maurer School of Law

Are You Ready For Some Football?: How Antitrust Laws Can Be Used To Break Up Directv's Exclusive Right To Telecast Nfl's Sunday Ticket Package, Ariel Y. Bublick

Federal Communications Law Journal

There is almost no question that football has become modem America's pastime. Football has never been more popular, and every Sunday people are clamoring to watch as many games as possible. The Sunday Ticket package allows viewers to watch any National Football League ("NFL") game being played at any given time. However, the NFL has only granted DirecTV the right to air the Sunday Ticket package, denying this excellent service to a majority of television viewers. By limiting the reach of the Sunday Ticket package, the NFL may be in violation of antitrust laws. This Note begins by explaining antitrust …


Overcharge But Don't Overestimate: Calculating Damages For Antitrust Injuries In Two-Sided Markets, Daniel M. Tracer 2011 Benjamin N. Cardozo School of Law

Overcharge But Don't Overestimate: Calculating Damages For Antitrust Injuries In Two-Sided Markets, Daniel M. Tracer

Cardozo Law Review

No abstract provided.


Arbitration And Antitrust: Navigating The Contours Of Mandatory Law, Charles H. Brower II 2011 University of Mississippi School of Law

Arbitration And Antitrust: Navigating The Contours Of Mandatory Law, Charles H. Brower Ii

Buffalo Law Review

No abstract provided.


The Tragedy Of The Horse, American Icon, Tim Opitz 2011 University of Arkansas, Fayetteville

The Tragedy Of The Horse, American Icon, Tim Opitz

Journal of Food Law & Policy

Whether a prohibition on slaughter improves the welfare of the American horse population is the focus of this article. At the time it was written, winter of 2010-2011, a confluence of Federal and State legislative action had ended domestic slaughter. These actions are detailed in the body of this article. Since 2007, the legal status of horse slaughter remained static. Just as Sir Isaac Newton's first law of motion explained, an object at rest tends to stay at rest. Legislative inertia is the perspective from which this article was originally written. However, Newton's first law also stated that the object …


Rethinking Merger Efficiencies, Daniel A. Crane 2011 University of Michigan Law School

Rethinking Merger Efficiencies, Daniel A. Crane

Articles

The two leading merger systems-those of the United States and the European Union-treat the potential benefits and risks of mergers asymmetrically. Both systems require considerably greater proof of efficiencies than they do of potential harms if the efficiencies are to offset concerns over the accumulation or exercise of market power The implicit asymmetry principle has important systemic effects for merger control. It not only stands in the way of some socially desirable mergers but also may indirectly facilitate the clearance of some socially undesirable mergers. Neither system explicitly justifies this asymmetry, and none of the plausible justifications are normatively supportable. …


United States Food Law Update: Moving Toward A More Balanced Food Regulatory Regime, A. Bryan Endres, Nicholas R. Johnson 2011 University of Illinois, Champaign

United States Food Law Update: Moving Toward A More Balanced Food Regulatory Regime, A. Bryan Endres, Nicholas R. Johnson

Journal of Food Law & Policy

For decades, the federal government has played a significant role in promoting healthy eating. In the early 1900s, the United States Department of Agriculture (USDA) promoted a foundational diet of milk, proteins, fruits and vegetables, and grains. Most Americans are at least somewhat familiar, although perhaps confused, with the more nuanced healthy eating recommendations contained in the food pyramid - first employed in 1992. And virtually every American has experienced the federally supported school lunch program. In the first half of 2011, these two iconic programs underwent significant change as part of a stepped-up effort to improve the health of …


Plus Factors And Agreement In Antitrust Law, William E. Kovacic, Robert C. Marshall, Leslie M. Marx, Halbert L. White 2011 George Washington University Law School

Plus Factors And Agreement In Antitrust Law, William E. Kovacic, Robert C. Marshall, Leslie M. Marx, Halbert L. White

Michigan Law Review

Plus factors are economic actions and outcomes, above and beyond parallel conduct by oligopolistic firms, that are largely inconsistent with unilateral conduct but largely consistent with explicitly coordinated action. Possible plus factors are typically enumerated without any attempt to distinguish them in terms of a meaningful economic categorization or in terms of their probative strength for inferring collusion. In this Article, we provide a taxonomy for plus factors as well as a methodology for ranking plus factors in terms of their strength for inferring explicit collusion, the strongest of which are referred to as "super plus factors."


Unfit For Prime Time: Why Cable Television Regulations Cannot Perform Trinko's 'Antitrust Function', Keith Klovers 2011 University of Michigan Law School

Unfit For Prime Time: Why Cable Television Regulations Cannot Perform Trinko's 'Antitrust Function', Keith Klovers

Michigan Law Review

Until recently, regulation and antitrust law operated in tandem to safeguard competition in regulated industries. In three recent decisions-Trinko, Credit Suisse, and Linkline-the Supreme Court limited the operation of the antitrust laws when regulation "performs the antitrust function." This Note argues that cable programming regulations-which are in some respects factually similar to the telecommunications regulations at issue in Trinko and Linkline-do not perform the antitrust function because they cannot deter anticompetitive conduct. As a result, Trinko and its siblings should not foreclose antitrust claims for damages that arise out of certain cable programming disputes.


Is Making The Conclusion Of Contracts For The Provision Of Broadband Internet Access Service Conditional Upon The Conclusion Of A Contract For Telephone Services Prohibited? Case Comment To The Preliminary Ruling Of The Court Of Justice Of 11 March 2010 Telekomunikacja Polska Sa V President Of Office Of Electronic Communications (Case C-522/08), Anna Pisarkiewicz 2011 Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw

Is Making The Conclusion Of Contracts For The Provision Of Broadband Internet Access Service Conditional Upon The Conclusion Of A Contract For Telephone Services Prohibited? Case Comment To The Preliminary Ruling Of The Court Of Justice Of 11 March 2010 Telekomunikacja Polska Sa V President Of Office Of Electronic Communications (Case C-522/08), Anna Pisarkiewicz

Yearbook of Antitrust and Regulatory Studies

No abstract provided.


Polish Antitrust Legislation And Case Law Review 2010, Agata Jurkowska-Gomułka 2011 Department of European Economic Law, Faculty of Management, University of Warsaw

Polish Antitrust Legislation And Case Law Review 2010, Agata Jurkowska-Gomułka

Yearbook of Antitrust and Regulatory Studies

The article presents key developments in Polish antitrust legislation and case law of 2010. Regarding legislation, the article focuses on a new group exemption for agreements on motor vehicle distribution; also provided is a general characterisation of antitrust jurisprudence, mainly the judgments of the Supreme Court and the Court of Appeals in Warsaw. The presented rulings are divided according to their subject matter referring to particular types of restrictive practices, relevant market definition, relationships between the Competition Act and other national legislation as well as problems related to the UOKiK President’s decision-making process and juridical control of antitrust decisions.


2010 Legislative Developments In Telecommunications, Kamil Kosmala 2011 Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw

2010 Legislative Developments In Telecommunications, Kamil Kosmala

Yearbook of Antitrust and Regulatory Studies

No abstract provided.


Legislative Developments In Rail Transport In 2010, Katarzyna Bożekowska-Zawisza 2011 Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw

Legislative Developments In Rail Transport In 2010, Katarzyna Bożekowska-Zawisza

Yearbook of Antitrust and Regulatory Studies

No abstract provided.


Legislative Developments In The Aviation Sector In 2010, Filip Czernicki 2011 Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw

Legislative Developments In The Aviation Sector In 2010, Filip Czernicki

Yearbook of Antitrust and Regulatory Studies

No abstract provided.


2010 Amendments To The Polish Energy Law, Filip Elżanowski 2011 Faculty of Law and Administration, University of Warsaw

2010 Amendments To The Polish Energy Law, Filip Elżanowski

Yearbook of Antitrust and Regulatory Studies

No abstract provided.


Search Neutrality As An Antitrust Principle, Daniel A. Crane 2011 University of Michigan Law School

Search Neutrality As An Antitrust Principle, Daniel A. Crane

Law & Economics Working Papers

Google's perceived dominance in Internet search, and the perception that Google exploits this dominance to favor its own websites and service, has led to call for a mandatory legal requirement of "search neutrality." This essay argues that a general principle of search neutrality ignores the realities of Internet search and would stymie search innovation.


Shutting The Black Door: Using American Needle To Cure The Problem Of Improper Product Definition, Daniel A. Schwartz 2011 University of Michigan Law School

Shutting The Black Door: Using American Needle To Cure The Problem Of Improper Product Definition, Daniel A. Schwartz

Michigan Law Review

Section 1 of the Sherman Act is designed to protect competition by making illegal any agreement that has the effect of limiting consumer choice. To make this determination, courts first define the product at issue and then consider the challenged restraint's impact on the market in which that product competes. When considering § 1 allegations against sports leagues, courts have tended to define products according to the structure of the leagues. The result of this tendency is that harm to competition between the leagues' teams is not properly accounted for in the courts' analyses. This, in turn, grants leagues a …


Transnational Class Actions And The Illusory Search For Res Judicata, Tanya Monestier 2011 Roger Williams University School of Law

Transnational Class Actions And The Illusory Search For Res Judicata, Tanya Monestier

Law Faculty Scholarship

The transnational class action-a class action in which a portion of the class consists of non-US claimants-is here to stay Defendants typically resist the certification of transnational class actions on the basis that such actions provide no assurance of finality for a defendant, as it will always be possible for a non-U.S. class member to initiate subsequent proceedings in a foreign court. In response to this concern, many U.S. courts will analyze whether the "home" courts of the foreign class members would accord res judicata effect to an eventual U.S. judgment prior to certifying a U.S. class action containing foreign …


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