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Editorial Foreword, Małgorzata Kozak, Marta Sznajder

Yearbook of Antitrust and Regulatory Studies

Editorial foreword

Media Pluralism And Competition In The Media Sector: The Italian Experience, Valeria Caforio

Yearbook of Antitrust and Regulatory Studies

In economic sectors where constitutional principles come to the fore, legislators must reconcile individual rights and freedoms with market principles, such as the arm’s length principle, and economic freedoms, particularly the freedom to conduct business. This balance is particularly significant in the media sector, where the principle of media pluralism is paramount. Media pluralism, as acknowledged by the Italian Constitutional Court in 1988, encompasses two dimensions: internal pluralism, which secures citizens’ access to diverse, objective, and impartial information (individual freedoms); and external pluralism, which prevents the concentration of resources among a limited group of economic actors (economic freedoms). Against this …

The Dsa’S Crisis Response Mechanism And The Indispensability Of Social Media Networks, Baskaran Balasingham, Sofia Minichová

Yearbook of Antitrust and Regulatory Studies

Social media networks have become predominant sources of free and open access information. However, they generally fall outside the scope of media regulation, leaving information on those platforms largely unregulated. While social media is a catalyst for disinformation and propaganda, it also allows for fast and widespread dissemination of reliable information. A crisis response mechanism (CRM) was added to the Digital Services Act which gives the European Commission the power to require providers of very large online platforms to assess the contribution of their services to a serious threat to public security or public health and apply effective countermeasures. Although …

Digital Markets Act And Competition Law: Is There An Issue Of Ne Bis In Idem?, Michal Petr

Yearbook of Antitrust and Regulatory Studies

In recent years, the importance of digital markets has grown rapidly. Any distortions in these markets had to be remedied by competition law, notwithstanding the fact that competition law was found in numerous studies not to be entirely up to this task. Several countries across the globe have adopted specific national legislation regulating these markets. In 2023, the European Union itself brought into effect the Digital Markets Act. The question is, to what extent is competition law, as well as specific regulations of the digital markets, applicable in parallel with the Digital Markets Act? The Court of Justice has recently …

Speaking Power To The People: Serbian And Brazilian Media Systems In Populist Times, Ricardo Ribeiro Ferreira, Alexander Mesarovich

Yearbook of Antitrust and Regulatory Studies

A decline in journalistic standards and increased media control, are well recognized hallmarks of increased autocratisation and democratic backsliding. This paper investigates the impact of populism on the media landscape in two different countries, Brazil and Serbia. It argues that despite the radical differences in structural factors (wealth, relationship with the EU, history of democracy, political system, etc.), these countries have witnessed a similar decline in media quality, as well as a decline in the quality of democracy. Using the Serbian case as a ‘standard’ case of populist control and drawing on interviews with Brazilian journalists as a ‘surprising’ case, …

Press Publishers’ Right And Competition Law. Case Comment On The French Competition Authority’S Decisions Against Google, Michalina Kowala, Miłosz Malaga

Yearbook of Antitrust and Regulatory Studies

This case comment discusses a set of decisions issued by the Autorité de la concurrence (the French Competition Authority, FCA) regarding Google’s conduct vis-à-vis press publishers. The analysis concerns Google’s refusal to respect its obligations, resulting from the Digital Single Market Directive of in 2019, regarding the press publishers’ exclusive right concerning the online use of their press publications, as well as its further implications. Moreover, it involves also systemic observations and broader market context. The objective of this case comment is to discuss the FCA’s decisions, and more broadly, to identify further systemic consequences these decisions may bring for …

Or Brook, Non-Competition Interests In Eu Antitrust Law. An Empirical Study Of Article 101 Tfeu, Cambridge University Press 2022, Maciej Bernatt

Yearbook of Antitrust and Regulatory Studies

Book review

Entire Issue Vol. 17 No. 30

Yearbook of Antitrust and Regulatory Studies

Vol. 17(30) 2024

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Corporate Law In The Global South: Heterodox Stakeholderism, Mariana Pargendler

Seattle University Law Review

How do the corporate laws of Global South jurisdictions differ from their Global North counterparts? Prevailing stereotypes depict the corporate laws of developing countries as either antiquated or plagued by problems of enforcement and misfit despite formal convergence. This Article offers a different view by showing how Global South jurisdictions have pioneered heterodox stakeholder approaches in corporate law, such as the erosion of limited liability for purposes of stakeholder protection in Brazil and India, the adoption of mandatory corporate social responsibility in Indonesia and India, and the large-scale program of Black corporate ownership and empowerment in South Africa, among many …

Stakeholder Capitalism’S Greatest Challenge: Reshaping A Public Consensus To Govern A Global Economy, Leo E. Strine Jr., Michael Klain

Seattle University Law Review

The Berle XIV: Developing a 21st Century Corporate Governance Model Conference asks whether there is a viable 21st Century Stakeholder Governance model. In our conference keynote article, we argue that to answer that question yes requires restoring—to use Berle’s term—a “public consensus” throughout the global economy in favor of the balanced model of New Deal capitalism, within which corporations could operate in a way good for all their stakeholders and society, that Berle himself supported.

The world now faces problems caused in large part by the enormous international power of corporations and the institutional investors who dominate their governance. These …

Stakeholder Governance As Governance By Stakeholders, Brett Mcdonnell

Seattle University Law Review

Much debate within corporate governance today centers on the proper role of corporate stakeholders, such as employees, customers, creditors, suppliers, and local communities. Scholars and reformers advocate for greater attention to stakeholder interests under a variety of banners, including ESG, sustainability, corporate social responsibility, and stakeholder governance. So far, that advocacy focuses almost entirely on arguing for an expanded understanding of corporate purpose. It argues that corporate governance should be for various stakeholders, not shareholders alone.

This Article examines and approves of that broadened understanding of corporate purpose. However, it argues that we should understand stakeholder governance as extending well …

Stakeholder Governance On The Ground (And In The Sky), Stephen Johnson, Frank Partnoy

Seattle University Law Review

Professor Frank Partnoy: This is a marvelous gathering, and it is all due to Chuck O’Kelley and the special gentleness, openness, and creativity that he brings to this symposium. For more than a decade, he has been open to new and creative ways to discuss important issues surrounding business law and Adolf Berle’s legacy. We also are grateful to Dorothy Lund for co-organizing this gathering.

In introducing Stephen Johnson, I am reminded of a previous Berle, where Chuck allowed me some time to present the initial thoughts that led to my book, WAIT: The Art and Science of Delay. Part …

The Structure Of Corporate Law Revolutions, William Savitt

Seattle University Law Review

Since, call it 1970, corporate law has operated under a dominant conception of governance that identifies profit-maximization for stockholder benefit as the purpose of the corporation. Milton Friedman’s essay The Social Responsibility of Business is to Increase Its Profits, published in September of that year, provides a handy, if admittedly imprecise, marker for the coronation of the shareholder-primacy paradigm. In the decades that followed, corporate law scholars pursued an ever-narrowing research agenda with the purpose and effect of confirming the shareholder-primacy paradigm. Corporate jurisprudence followed a similar path, slowly at first and later accelerating, to discover in the precedents and …

A History Of Corporate Law Federalism In The Twentieth Century, William W. Bratton

Seattle University Law Review

This Article describes the emergence of corporate law federalism across a long twentieth century. The period begins with New Jersey’s successful initiation of charter competition in 1888 and ends with the enactment of the Sarbanes-Oxley Act in 2002. The federalism in question describes the interrelation of state and federal regulation of corporate internal affairs. This Article takes a positive approach, pursuing no normative bottom line. It makes six observations: (1) the federalism describes a division of subject matter, with internal affairs regulated by the states and securities issuance and trading regulated by the federal government; (2) the federalism is an …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

How To Interpret The Securities Laws?, Zachary J. Gubler

Seattle University Law Review

In discussions of the federal securities laws, the SEC usually gets most of the attention. This makes some sense. After all, it is the agency charged with administrating the securities laws and regulating the industry as a whole. It makes the majority of the laws; it engages in enforcement actions; it reacts to crises; and it, or sometimes even its individual commissioners, intervene publicly in policy debates. Often overlooked in such discussion, however, is the role of the Supreme Court in shaping securities law, and a new book by Adam Pritchard and Robert Thompson demonstrates why this is an oversight. …

After Affirmative Action, Meera E. Deo

Seattle University Law Review

This is a time of crisis in legal education. In truth, we are in the midst of several crises. We are emerging from the COVID pandemic, a period of unprecedented upheaval where law students and law faculty alike struggled through physical challenges, mental health burdens, and decreased academic and professional success. The past few years also have seen a precipitous drop in applications to and enrollment in legal education. Simultaneously, students have been burdened with the skyrocketing costs of attending law school, taking on unmanageable levels of debt. And with the Supreme Court decision in SFFA v. Harvard, we are …

Going Forward: The Role Of Affirmative Action, Race, And Diversity In University Admissions And The Broader Construction Of Society, Steven W. Bender

Seattle University Law Review

The third annual EPOCH symposium, a partnership between the Seattle University Law Review and the Black Law Student Association took place in late summer 2023 at the Seattle University School of Law. It was intended to uplift and amplify Black voices and ideas, and those of allies in the legal community. Prompted by the swell of public outcry surrounding ongoing police violence against the Black community, the EPOCH partnership marked a commitment to antiracism imperatives and effectuating change for the Black community. The published symposium in this volume encompasses some, but not all, the ideas and vision detailed in the …

The Sffa V. Harvard Trojan Horse Admissions Lawsuit, Kimberly West-Faulcon

Seattle University Law Review

Affirmative-action-hostile admissions lawsuits are modern Trojan horses. The SFFA v. Harvard/UNC case—Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina, et. al., decided jointly—is the most effective Trojan horse admissions lawsuit to date. Constructed to have the distractingly appealing exterior façade of a lawsuit seeking greater fairness in college admissions, the SFFA v. Harvard/UNC case is best understood as a deception-driven battle tactic used by forces waging a multi-decade war against the major legislative victories of America’s Civil Rights Movement, specifically Title VI and Title VII …