Antitrust and Trade Regulation Commons^™

Excessive Data Collection In An Ecosystem As An Exploitative And Exclusionary Abuse: A Critical Analysis Of The Cci’S Order Against Whatsapp’S Privacy Policy And Its Impact On The Digital Advertising Market, Reuben Philip Abraham Mr.

Yearbook of Antitrust and Regulatory Studies

The interface between privacy and competition law has been a complicated topic in the past decade. The Facebook case by the German competition authority, the Bundeskartellamt (BK) was the first landmark case to investigate an exploitative abuse in this interface. The WhatsApp’s 2021 privacy policy update prompted the Competition Commission of India (CCI) to initiate a suo moto investigation against WhatsApp/Meta regarding the anti-competitive effects of imposing a ‘take-it or leave-it’ agreement on consumers.

In the WhatsApp case, the CCI has pushed the boundaries further in this interface by investigating exclusionary abuses regarding excessive data collection in an ecosystem. This …

“Shaping Academic Teaching At The Crossroads Of Ethics And Artificial Intelligence”, Workshop At Warsaw University Of Technology, Warsaw, 25 September 2024, Julia Braniewska, Bartłomiej Skowron

Yearbook of Antitrust and Regulatory Studies

This document is a report on the workshop, “Shaping Academic Teaching at the Crossroads of Ethics and Artificial Intelligence”, which formed a component of the “Ethics and AI” conference hosted by Warsaw University of Technology.

Institutional Sustainability In Ai Governance: Comparing Paths In The Eu, Japan, And Taiwan, Kuan-Wei Chen

Yearbook of Antitrust and Regulatory Studies

This article explores the concept of institutional sustainability in AI governance by comparing the approaches in the European Union, Japan, and Taiwan. It begins by arguing that the relationship between AI and sustainability extends beyond environmental concerns, encompassing the sustainability of governance institutions themselves. The article posits that institutional sustainability, referring to the capacity of governance frameworks to remain effective over time, is essential in the context of rapidly evolving and future-oriented AI governance. The analysis proceeds by examining the EU’s strategy of normative anchoring through legal codification, Japan’s agile governance model based on collaboration and coordination, and Taiwan’s digital …

Turbulence In The Courts: Jetblue Suffers From Faulty Antitrust Actions, Rudolph Veiga

Brooklyn Journal of Corporate, Financial & Commercial Law

Recently, the Department of Justice has become the leading force behind antitrust challenges against airline alliances and mergers. Unfortunately, it is difficult for someone to determine when the department will challenge an airline joint venture because the department has not consistently challenged all alliances or mergers over the last few years. JetBlue Airways defended itself against two different antitrust challenges by the department—one against the Northeast Alliance with American Airlines, and one against the acquisition of Spirit Airlines—and JetBlue lost both. The Department of Justice did not challenge the merger of Alaska Airlines and Hawaiian Airlines, which was finalized just …

When Environmental Provisions Acquire Primacy Over The Economic Interests – Case Comment Of The Preliminary Ruling In Case C-626/22 C.Z. And Others V Ilva, Katarzyna Błaszczak, Michał Krzaczek

Yearbook of Antitrust and Regulatory Studies

This case note analyses the Court of Justice of the European Union’s (CJEU) preliminary ruling in case C-626/22 (C. Z. and Others v Ilva). The Court interpreted the Industrial Emissions Directive (IED), ruling that Member States cannot derogate from minimum EU environmental requirements. The ruling established that environmental permits must consider all scientifically known harmful substances that could be emitted by installations. The Court also ruled that national regulations permitting repeated extensions to deadlines for installation operations, despite the identification of serious environmental and health risks, were incompatible with the IED. The CJEU’s interpretation confirms the primacy of environmental and …

Estali Spring Forum 2025, 23 May 2025 Insights On (And Beyond) State Aid And The Green Transition, Magdalena Porzeżyńska

Yearbook of Antitrust and Regulatory Studies

Conference report

Doktrin Penyalahgunaan Hak (Abus Des Droit), Syukron Salam

Jurnal Hukum & Pembangunan

The present article examines the emergence of the doctrine of abus de droit in France in the mid-twentieth century through an analysis of key judicial decisions and the debates that followed them. The study commences with an exposition of the manner in which the evolution of capitalism, concomitant with the escalating economic disparity and the propagation of societal challenges, has influenced the judicial approach to the abstract Roman-law tradition of absolute rights. In light of this, the article contends that the civil-law tradition exhibited a fundamental flaw in its conceptualisation of rights as absolute, thereby overlooking objections that were firmly …

Rethinking The Key Role Of Private Antitrust Enforcement, Filippo Lancieri

Georgetown Law Faculty Publications and Other Works

This Article focuses on the institutional design of American competition policy. It argues that any long-term effective revival of U.S. antitrust policy requires a better acknowledgement of the key and irreplaceable role played by private litigation and proposes a rethink of private anti-trust enforcement policy.

To unpack the nuanced interconnection between public and private competition enforcement, the Article begins by tracing the rise and fall of private antitrust. It builds on a novel, hand-coded, and comprehensive analysis of the entire Supreme Court antitrust track record—all 474 decisions over 130 years—to outline how an ideologically …

Using Political Privilege To Profit: Insider Trading In The Government And S. 2463'S Alleged Attempt To Stop It, Allison K. Dooling

MC Law Review

Insider trading is generally illegal within the United States. However, members of Congress are notorious for regularly engaging in stock trades based on government information that mirrors insider trading. In 2023, Senators Gillibrand and Hawley proposed a bill, unlike any such proposed before, to put an ultimate ban on government insider trading: the “Ban Stock Trading for Government Officials Act” or S. 2463. On its face, S. 2463 appears to address the criticisms surrounding government insider trading. It not only increases regulation and reporting standards but also bans government officials, their spouses, and their dependents from owning any stock during …

Politik Hukum Kedudukan Wakil Presiden Dalam Badan Pengarah Percepatan Pembangunan Otonomi Khusus Papua, Maleakhi Samuel Pasalli, Yamuna Nurafifah, Pranaldo Gunawan

Jurnal Hukum & Pembangunan

The legal policy regarding the amendment of Law Number 21 of 2001 into Law Number 2 of 2021 concerning Special Autonomy for Papua marks a paradigm shift from asymmetric decentralization towards controlled autonomy or leading to the centralization of power, notably through the establishment of the Steering Committee for Acceleration of Development of Special Autonomy for Papua (BP3OKP), which is chaired directly by the Vice President. This research is motivated by juridical issues wherein the Academic Paper (Naskah Akademik) of the amendment fails to provide scientific justification regarding the urgency of establishing this special body or the involvement of the …

Did The Dodgers Ruin Baseball? Why Mlb’S Antitrust Exemption Stands In The Way Of A More Competitive League, Jack Ross

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

After the Los Angeles Dodgers’ series win over the Milwaukee Brewers in the National League Championship Series, Dodgers manager, Dave Roberts, remembered that, “[b]efore the season started, they said, ‘The Dodgers are ruining baseball … Let’s get four more wins and really ruin baseball. Let’s go!’” Because of this win, Roberts and the Dodgers made good on their promise by going on to win their second straight World Series. No, the Dodgers did not ruin baseball, but their dominance is representative of the growing disparity in competition between large and small-market teams.

Torts And Pesticide Drift: Amending Right-To-Farm Acts In The Wake Of Widespread Dicamba Drift By Nicholas Brown** And Matt Roessing*

Journal of Legal Studies in Business

When crops die in a field prior to harvest, a farmer loses a portion of his salary for that year. When the cause of the crop loss is natural, farmers can usually seek compensation through crop insurance and government commodity support programs. When the crops were lost as a result of pesticide drift, these forms of compensation are not usually available to farmers.1 In order to make up for their losses, farmers can seek damages through judicial redress. For many decades, various state and federal laws have combined to complicate and at times prevent farmers adversely affected by pesticide drift …

Cover Page & Table Of Contents - Volume 23

Journal of Legal Studies in Business

JLSB vol. 23 Title Page & Table of Contents

Incorporating Tax Law Into Legal And Regulatory Environment Of Business Courses

Journal of Legal Studies in Business

No abstract provided.

Too Much, Too Little, Or Just Right? Beyond The Perception (Or Reality) Of Law School Rigor In Teaching Undergraduate Copyright Law

Journal of Legal Studies in Business

No abstract provided.

The End Of An Aberration: Overturning Major League Baseball's Century-Old Antitrust Exemption, Jacob Baird

Kentucky Law Journal

No abstract provided.

Cardozo’S Sports Law Society And Antitrust Society Host House Settlement Lecture And Panel, Bradley Rosen

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Panelists for the event: Professor Marc Edelman, Bob Boland (Partner, Shumaker LLP), Michael Hsu (Co-founder, College Basketball Players Association), Adam Dale (Partner, Winston & Strawn LLP), Neha Vyas (Associate, Winston & Strawn LLP), Paul McDonald (Managing Partner, PL McDonald Law LLC), and Chris Brolley (Associate, Troutman Pepper Locke LLP).

On Wednesday, November 12, 2025, Cardozo’s Sports Law Society and Antitrust Society hosted a lecture and panel discussion regarding the implications of the House v. NCAA lawsuit and settlement. This included the potential for future antitrust liability as a result of the settlement, Title IX implications, the employment status of college …

West Flagler And The Future Of Sports Betting: Navigating Tribal Sovereignty And The Need For Consumer Protection In A Growing Market, Jake Granese

University of Miami Business Law Review

Sports betting in the United States has exploded in recent years, with a record–breaking $11 billion in revenue in 2023. This growth has inspired state governments to try to leverage this lucrative business. One recent development is the 2021 Gaming Compact between the Seminole Tribe of Florida and the state of Florida. The Compact represents a milestone towards exclusivity in mobile gaming for Native American tribal nations. Under the Compact, the Seminole Tribe receives sports betting exclusivity, for both retail sports wagering and online sports wagering across the state of Florida, in exchange for a revenue sharing arrangement—unlike any other …

The Cost Of Waiting: Navigating The Ftc’S Noncompete Ban And The Risks Of Inaction, Cameron Weiss

University of Miami Business Law Review

This Comment critically examines the Federal Trade Commission’s (FTC) now–abandoned rule that sought to ban noncompete clauses in employment contracts, emphasizing the limitations of advice provided by attorneys, legal scholars, and experts who advocate for a “wait–and–see” approach during its development and subsequent litigation. Noncompetes, while serving as a tool for employers to safeguard proprietary interests and limit competition, also restrict employee mobility and bargaining power. The FTC’s proposed rule, which aimed to ban most noncompete clauses, faced immediate and substantial legal challenges under the major questions and nondelegation doctrines.

Although the FTC ultimately ceased defending the rule and acceded …

The House Always Wins, Cardozo Sports Law Society (Csls), Cardozo Antitrust Society

2025–2026 Flyers

Mini Lecture: Professor Marc Edelman