Antitrust and Trade Regulation Commons^™

Comments On Federal Trade Commission Non-Compete Ban Proposed Rule, Matter No. P201200, Chaz D. Brooks

Scholarly Articles in Law Reviews & Journals

Within signed law professors and law students submitted this letter to the Federal Trade Commission, writing in their individual capacities, not as agents of their affiliated institutions, in support of the Federal Trade Commission’s proposed rule to ban most non-compete clauses (the “Proposal”) as an unfair method of competition.

This letter offers comments in response to areas where the FTC has requested public comment. To make our views clear, this letter contains the following sections: I. Summary of the Proposal; II. The Commission Should Consider Expanding Its Definition of Non-Compete Clauses to Prevent Employers from Requiring Workers to Quit Before …

Criminal Networks As Anti-Competitive Practices Of The Liquid Fuels Market, Wojciech Jakubiec

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

The aim of the article is to analyze the possibilities of combating organized crime by identifying and analyzing criminal networks in economic terms and their impact on fair competition on the liquid fuels market.

The Power Of The Purse: Instigating Social Change Through Strategic Municipal Bond Investments, Jenna Reifler

University of Miami Business Law Review

Municipal bonds are generally understood as mutually beneficial for both issuer and holder—they allow cities to secure capital for local improvements and investors to earn reliable and tax-exempt profits. It turns out, however, that the lack of disclosure for issuing general obligation bonds presents the perfect camouflage for cities to secure funding despite their local social responsibility inadequacies.

Cities quietly shell out millions of dollars in settlements to the victims of police-misconduct. Largely unreported and untracked, many municipalities fund such settlements through general obligation bonds, which are colloquially termed police brutality bonds. As a result, and often unbeknownst to the …

Taking Care Of Business: An Empirical Examination Of The Top S&P 500 Companies And Their Role As Public Health Regulators During The Covid-19 Pandemic, Megan M. O’Malley

University of Miami Business Law Review

Data from the top 15 constituents by weight on the S&P 500 is assembled to identify trends among the policies these companies implemented in the United States during the COVID-19 pandemic. Some policies were fairly consistent across the board, especially in regard to remote work opportunities and health and safety measures for essential and/or in-person employees. Other policies, including vaccination requirements and vaccine incentives, varied across and within industries. Some companies that were examined went beyond the relevant federal, state, or local requirements in effect at the time, while other companies pushed back against public health guidance.

Overseas Primary Listing: U.S. Stock Markets As A Global Hub For Ipos?, Carlos Ragazzo, Rafael Costa

University of Miami Business Law Review

Between 2007 and 2021, several South American companies carried out IPOs outside their home countries, with the subsequent overseas primary listing of their shares on U.S. stock exchanges. The acceleration of this trend from January 2018 (with the IPO of PagSeguro Digital Ltd. on the New York Stock Exchange—NYSE) is not explained solely by the possibility of adopting dual-class shares structure for companies listed on U.S. stock exchanges. In this sense, factors such as: (1) biases and subjectivities in the decision-making process; (2) cultural proximity and history of successful precedents; (3) better valuation in comparison with local markets; and (4) …

Res Grant – An Attempt To Evaluate A New Support Instrument In The Development Of Renewable Energy Sources In Poland, Mariusz Szyrski

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

As of the end of 2022, a new support instrument called an “OZE Grant”, that is, a “RES Grant” has been legally introduced in Poland. Among other things, the relevant legislation is intended to implement the objectives of the programme entitled “Replacement of heat sources and improvement of energy efficiency in residential buildings”, insofar as this measure applies to multi-family residential buildings, as well as the programme “Investments in energy-efficient housing for low- and middle-income households”. The main purpose of this study is to analyze the new legal solution meant to serve other owners (?) and managers of multifamily buildings …

Green Bonds As Debt Securities To Finance Investments In The Age Of Energy Transition, Aleksandra Pęksyk

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

The purpose of this article is to discuss the origins and legal status of Green Bonds, as well as to identify barriers and prospects for the development of this type of securities in Poland. The analysis is based on Polish and EU legal regulations as well as EU legislative plans regarding the standard of European Green Bonds, and also with regard to the existing policies in the field of the ongoing energy transition.

Impact Of Climate Risk On Long-Term Core Activity Management In The Power Sector, Dariusz Michalski, Paweł Hawranek

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

The global economy faces the challenges of climate change that generates the climate risk, which essentially affects the operational activity of power companies. The power sector is both, one of the most important greenhouse gases emitters, and an industry especially exposed to widely perceived climate risk. Changes in the natural environment cause negative impacts on the energy infrastructure (physical risk), while regulatory changes and society sentiments (transition risk) reshape the conditions of operational profitability of power companies. These phenomena, currently accelerating changes in the global economy, persuaded the authors to undertake a study on necessary changes in the core activities …

A New Concept Of Polycrisis In The Light Of Directive 2022/2557 On The Resilience Of Critical Actors (Cer Directive), Tomasz Długosz

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

The author considers the concept of a “polycrisis” (when several crisis interact), which can be used in increasing the resilience of critical entities and protecting critical infrastructure. He comes to the conclusion that this is a concept that draws attention to certain trans-systemic threats, and to the reactivity of social systems to these threats. In his view, the Directive on the resilience of critical actors (CAR Directive) requires the consideration of a wide range of inter-system interdependencies, and creates a field for the use of the concept of a polycrisis. The author expresses concerns that the possible ideological entanglement of …

Selected Aspects Of Eu Regulations Enacted In Response To The Gas Market Crisis, Jakub Faszcza

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

The objective of this study is to clarify the actions taken at the EU level in response to the ongoing gas market crisis, and to provide a preliminary assessment of their effectiveness. This crisis began prior to Russia’s attack on Ukraine, and was intended as a preparatory measure for the planned invasion. An exposition of Gazprom’s actions is included in the introduction of the article to enhance comprehension of the contextual backdrop that justified the adoption of these EU Regulations. The substantive section of this article presents a curated selection of the most significant measures implemented in order to mitigate …

Izabela Filipiak, Władysław Mielczarski, Energy In The Period Of Transition, Wydawnictwo Naukowe Pwn, Warsaw 2023, Marcin Kraśniewski

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

No abstract provided.

Changing The Game: The Emergence Of Nil Contracts In Collegiate Athletics And The Continued Efficacy Of Title Ix, Leeden Rukstalis

Washington and Lee Journal of Civil Rights and Social Justice

On June 30, 2021, the National Collegiate Athletic Association (“NCAA”) suspended a 115-year prohibition on college athletes’ ability to profit from the use of their names, images, and likenesses (“NIL”). Historically, NCAA eligibility was determined by an athlete’s amateur status. Student athletes forewent compensation to preserve a line between professional and college sports. Today, the NCAA’s novel NIL policy recognizes an athlete’s right to publicity and allows them to share in the billions of dollars it generates every year. According to estimates, college athletes earned $917 million in the first year of NIL activity. By 2023, the NIL market is …

Evaluating Antitrust Remedies For Platform Monopolies: The Case Of Facebook, Seth G. Benzell, Felix B. Chang

Vanderbilt Law Review

This Article advances a framework to assess antitrust remedies and policy interventions for platform monopolies. As prosecutors and regulators barrel forward against digital platforms, soon it will fall upon courts and administrative agencies to devise remedies. We argue that any sensible solution must include quantification of the welfare effects on a platform’s various constituents. The Benzell-Collis model predicts the effects of proposed solutions on a platform’s profits and the welfare of its users. The model also considers additional aspects of welfare unique to the social media setting, such as digital platforms’ nonmonetary goals, platform addiction, and externalities from platform use. …

About-Face: How Facebook’S Restrictions On User Posts Could Violate Antitrust Law, Efrem Berk

Northwestern Journal of Technology and Intellectual Property

This Note examines whether Facebook’s restrictions on its users’ posts are subject to Sherman Act § 2. This Note looks at the economic activity generated by social media activity and argues that posts are commerce. While this piece finds that current antitrust jurisprudence likely favors Facebook, an alternative approach sought by some antitrust scholars could influence judges to preclude the platform’s restrictions.

Impediments To Renewed And Reinvigorated Antitrust Enforcement, Edward D. Cavanagh

William & Mary Business Law Review

Antitrust Division head Jonathan Kanter recently proclaimed that “the era of lax enforcement is over, and the new era of vigorous and effective antitrust law enforcement has begun.” Federal enforcers have indeed been active; the DOJ has sued Google in two separate actions, and the FTC has brought an action against Facebook.

While bringing these cases is an important first step to achieving a more robust antitrust enforcement regime, a significant obstacle to an antitrust renaissance remains—overcoming the strong gravitational pull of Chicago School theory that has dominated antitrust thought for the past half-century. Chicago School principles have not kept …

A Comparative Case Against Criminalizing Ip Infringements In The Uk And China, Dennis J. Baker, Xiaoxiao Wang

Cardozo International & Comparative Law Review

In this Article, it is argued comparatively that across the world intellectual property rights have been expanded to the point of absurdity. Beyond lengthy monopoly protections being backed up with prison sentences of up to ten years in both China and the UK, these monopolies have been extended in the UK to cover vague concepts such as publicity rights and performance rights. It is argued that due to the incredible lobbying power of Western multinational corporations, China was railroaded into enacting Western-style offenses in order to join the WTO. It is submitted that numerous economic studies have shown that intellectual …

Efektivitas Pelaksanaan Pemberian Pendidikan Formal Bagi Anak-Anak Pengungsi Luar Negeri Di Kota Batam, Rina Shahriyani Shahrullah, Heru Susetyo, Lu Sudirman, Rendi Sahputra

Jurnal Hukum & Pembangunan

The entire responsibility for all children in Indonesia lies with the government, and it extends to all children in Indonesia, not only those who are Indonesian nationals but also includes children who are refugees from foreign countries. One of the fundamental rights regulated by the laws and the Convention on the Rights of the Child ratified by Indonesia is the right to receive appropriate education (formal, non-formal, and informal education). This research aims to analyze the implementation of formal education fulfillment for refugee children in Batam City, especially those accommodated at Hotel Kolekta. Therefore, the research questions are as follows: …

Careers In Antitrust, Cardozo Antitrust Society

2022–2023 Flyers

No abstract provided.

Stop The Games: How Broker-Dealer Gamification Affronts Antitrust, Tanner Dowdy

University of Cincinnati Law Review

No abstract provided.

Artificial Intelligence And The Future Of Law, Cardozo Startup Society, Cardozo Fame Center, Cardozo Law And Data Science Society

2022–2023 Flyers

No abstract provided.