Antitrust and Trade Regulation Commons^™

Force Majeure & Covid-19: A Clause Changed?, Claudia Petcu

DePaul Business & Commercial Law Journal

No abstract provided.

Antitrust Has Forgotten Its Coase, John M. Yun

Nevada Law Journal

No abstract provided.

Merger Enforcement Statistics: 2001-2020, Logan Billman, Steven C. Salop

Georgetown Law Faculty Publications and Other Works

This article summarizes merger enforcement data for the period between 2001 and 2020, using a database created by the authors. The database lists the identity and outcome of every transaction that received a second request during this 20-year period. The database also lists the identity and outcome of every challenge to an already-consummated merger during the period. To our knowledge, it is the only complete database for the listing and outcomes of all such transactions. The goal of creating the database is to provide further information on merger enforcement, which hopefully can inform policy and spur additional analysis. We describe …

Conflict Of Laws? Tensions Between Antitrust And Labor Law, Matthew Dimick

Journal Articles

Not long ago, economists denied the existence of monopsony in labor markets. Today, scholars are talking about using antitrust law to counter employer wage-setting power. While concerns about inequality, stagnant wages, and excessive firm power are certainly to be welcomed, this sudden about-face in theory, evidence, and policy runs the risk of overlooking some important concerns. The purpose of this Essay is to address these concerns and, more critically, to discuss some tensions between antitrust and labor law, a more traditional method for regulating labor markets. Part I addresses a question raised in the very recent literature, about why antitrust …

Globalize Me: Regulating Distributed Ledger Technology, Roee Sarel, Hadar Y. Jabotinsky, Israel Klein

Vanderbilt Journal of Transnational Law

Distributed Ledger Technology (DLT)—the technology underlying cryptocurrencies—has been identified by many as a game-changer for data storage. Although DLT can solve acute problems of trust and coor- dination whenever entities (e.g., firms, traders, or even countries) rely on a shared database, it has mostly failed to reach mass adoption outside the context of cryptocurrencies.

A prime reason for this failure is the extreme state of regulation, which was largely absent for many years but is now pouring down via uncoordinated regulatory initiatives by different countries. Both of these extremes-—under-regulation and over-regulation—-are consistent with traditional concepts from law and economics. Specifically, …

Heyman Center Presents: Regulating The Metaverse, Heyman Center On Corporate Governance, Andrea Guaccero

2022–2023 Flyers

No abstract provided.

The Microsoft Litigation’S Lessons For United States V. Google, John E. Lopatka, William H. Page

University of Miami Law Review

The United States Department of Justice (“DOJ”) and three overlapping groups of states have filed federal antitrust cases alleging Google has monopolized internet search, search advertising, internet advertising technologies, and app distribution on Android phones. In this Article, we focus on the DOJ’s claims that Google has used contracts with tech firms that distribute Google’s search services in order to exclude rival search providers and thus to monopolize the markets for search and search advertising—the two sides of Google’s search platform. The primary mechanisms of exclusion, according to the DOJ, are the many contracts Google has used to secure its …

Freezing Innovation: How The Platform Competition And Opportunity Act Will Freeze Funds In The Tech Start-Up Market, Brandon Wong

Pepperdine Law Review

The rise of technological giants like Amazon, Apple, Google, and Facebook motivated the House Judiciary Committee to pass a slew of new antitrust legislation bills to curb these companies’ considerable market power. The Platform Competition and Opportunity Act proposes to significantly cut a dominant online platform’s ability to continue growing by deeming certain acquisitions presumptively unlawful. The Act shifts the burden to the acquiring company to prove the proposed transaction would not be anticompetitive by eliminating a potential competitor. In an effort to protect competition, the Act has good intentions to protect start-up companies that are fearful of being acquired …

Antitrust And Big Tech, Cardozo Antitrust Society, Cardozo Federalist Society

2022–2023 Flyers

No abstract provided.

The Current State Of Student-Athlete Nil Rights: How Congress Should Respond To The Rapidly Changing Landscape Of Inter-Collegiate Sports, Kyle Aronson

Journal of the National Association of Administrative Law Judiciary

Collegiate student-athletes began signing sponsorship deals that compensate them for their name, image and likeness beginning in July 2021. Since its inception, the NCAA has prohibited student-athletes from receiving any outside monetary compensation to preserve traditional notions of amateurism. States have begun to pass legislation that allow for student-athlete compensation following recent decisions by the Supreme Court and Ninth Circuit suggesting that the NCAA’s historic practice may run afoul of antitrust law. This comment analyzes issues with the current state-by-state patchwork of laws that formulate the current landscape of collegiate sports. Finally, this comment will show why centralized, federal regulation …

The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy, Eduardo Cervantes

DePaul Business & Commercial Law Journal

No abstract provided.

Covid-19 Vs. Constitution; Limited Government's Unlimited Response, John A. Losurdo

DePaul Business & Commercial Law Journal

No abstract provided.

The "No License, No Chips" Policy: When A Refusal To Deal Becomes Reasonable, Sheng Tong

DePaul Business & Commercial Law Journal

No abstract provided.

The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule, Jorge Brito Pereira

DePaul Business & Commercial Law Journal

No abstract provided.

Harmonisation Of The Powers Of Ncas In Eu Member States. A Few Remarks On The Basis Of The Experience Of The Czech Republic And Poland After The Deadline For Transposition Of The Ecn+ Directive Has Passed, Paulina Korycińska-Rządca, Eva Zorková

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

This article critically discusses how legal frameworks in the Czech Republic and Poland correspond to the requirements of ECN+ Directive with regard to the powers of NCAs. For that purpose, the authors analyse the obligations of EU Member States – within this scope – under this directive, as well as legal frameworks in the Czech Republic and Poland. Subsequently, the article compares the manner of regulating these issues in the national legal orders of these countries to the standard required by ECN+ Directive. The aim of this publication is to verify whether, and how, these two EU Member States meet …

Between Chicago And Post-Chicago. Should The Eu Non-Horizontal Merger Guidelines Be Revised?, Łukasz Grzejdziak

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

The assessment of vertical mergers is largely based on the paradigms of the Chicago school of law and economics. Its proponents emphasize the positive effects that such concentrations have on competition, while downgrading the signifi cance of their possible anti-competitive consequences. They believed that vertical mergers inevitably lead to economic effi ciencies, including the elimination of double marginalization. The current approach of competition authorities to vertical concentrations is now criticized on both sides of the Atlantic for being too lenient, and inconsistent with the contemporary economics scholarship. In the United States, this criticism resulted in the adoption, in 2020, by …

Defining Product Markets In The Digital Economy In Light Of The New Draft Commission Notice On The Defi Nition Of The Relevant Market For The Purposes Of Union Competition Law Of 8 November 2022, Bartosz Targański

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

The Commission Relevant Market Notice (Notice on the defi nition of the relevant market for the purposes of Union competition law) is being reviewed for the first time since its publication in 1997. Since then, the explosion in data transfer rates, together with the increase in processor computing power, has enabled sales and product distribution processes to be largely shifted to ICT networks. The digital economy that has resulted from these processes is characterized by competition of a new dynamic nature. In addition to traditional competitive parameters, such as price and product quality, market position is a determinant of online …

On The Need For Legislative Changes In Terms Of The Operating Principles Of District (Municipal) Consumer Ombudsmen, Anna Mlostoń-Olszewska

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

The institution of the district (municipal) consumer ombudsman is regulated in the Polish Act on Competition and Consumer Protection. This institution has been functioning in the Polish legal system for over 20 years. During this period of time, several legislative changes were introduced to improve its operation. Despite significant changes in the legal environment having been made, the system has not been thoroughly reformed. Currently, the consumer ombudsman and the President of UOKiK are discussing further changes in the rules of operation of district (municipal) consumer ombudsmen. The purpose of this article is to present the main threads of this …

Financial Instruments Of Green Transition, Dariusz Michalski, Paweł Hawranek

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

Green transition creates change not only for the real economy, but also for widely perceived finance, exposing them both to risks and opportunities. This is of fundamental significance for enterprises and financial institutions, which need to adapt. Risk increases in areas subjected to regulatory and market pressure, forcing changes in market strategies or production methods. Regulations may present opportunities as well, and those may include clean technologies, in particular technologies aiming to reduce greenhouse gas emissions, the development of renewable energy sources, a digital revolution on the energy market, and introducing new elements into the financial market. Taking these trends …

Table Of Contents

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

Table of contents