Antitrust and Trade Regulation Commons^™

8th Competition Law And Policy Conference In Memory Of Prof. Vedran Šoljan “Goals Of Competition Law And The Changing World”, Dubrovnik, Croatia, 25–27 May 2023, Jasminka Pecotic Kaufman

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Webinar “Judicial Review Of Competition Cases: The Cee And See Countries Perspectives” 14 June 2023, Jurgita Malinauskaite

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Table Of Contents

Yearbook of Antitrust and Regulatory Studies

Table of contents

Jurisdiction Beyond Our Borders: United States V. Alcoa And The Extraterritorial Reach Of American Antitrust, 1909–1945, Laura Phillips Sawyer

Scholarly Works

Chapter in the book Antimonopoly and American Democracy by Daniel A. Crane and William J. Novak, eds., Oxford University Press, 2023.

In 1945, Judge Learned Hand wrote one of the most influential opinions in modern antitrust law. In declaring that the Aluminum Company of America (Alcoa) had illegally monopolized the industry for virgin aluminum and had participated in an illegal international cartel, Hand both revived and extended American antitrust law. The ruling is famous for several reasons: it narrowly defined the relevant market in favor of the government; it expanded the category of impermissible dominant firm conduct; it interpreted congressional …

Market Access Obligations And Foreign Investments In Renewable Energy: An Analysis Of International Trade And Investment Law Instruments, Mohammad Akefi Ghaziani, Mostafa Fazaeli, Moosa Akefi Ghaziani, Huma Amin

Indonesian Journal of International Law

Today's development of renewable energy technologies is perceived as an essential ingredient of the world’s response to emerging challenges of energy security, global warming, and climate change. However, the global deployment of renewables needs huge financial and technological contributions that many States cannot afford. Therefore the promotion of foreign investments in this sector is at the stake. However, the global flow of investment and technology in this sector is not free from the regulations of international trade and investment law instruments. Among the prominent provisions common to these instruments are Market Access obligations. WTO agreements and IIAs provide for different …

What Is Antitrust?, Cardozo Antitrust Society

2023–2024 Flyers

No abstract provided.

Comment Letter On Sec’S Proposed Rule On Conflicts Of Interest Associated With The Use Of Predictive Data Analytics By Broker-Dealers And Investment Advisers, File Number S7-12-23, Sergio Alberto Gramitto Ricci, Christina M. Sautter

Faculty Works

This comment letter responds to the Securities and Exchange Commission’s proposed rule Release Nos. 34-97990; IA-6353; File Number S7-12-23 - Conflicts of Interest Associated with the Use of Predictive Data Analytics by Broker-Dealers and Investment Advisers. Our comments draw on our scholarship relating to laypersons’ participation in securities markets and the corporate sector as well as on the role of technology in corporate governance.

We express concerns that the SEC’s proposed regulation undermines individuals’ ability to access capital markets in an efficient and cost-effective manner. In the era of excessive concentration of equities ownership and power, often with negative societal …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Why U.S. States Need Their Own Cannabis Industry Banks, Christoph Henkel, Randall K. Johnson

Faculty Works

The legal cannabis trade is the fastest growing industry in the United States. In 2019, about 48.2 million Americans used the drug at least once. As such, it is easy to see why the legal cannabis trade may generate annual revenues exceeding $30 billion in Fiscal Year 2022 alone.

One inconvenient truth, however, is that the parties to any cannabis trade may face a range of difficulties due to conflicts between federal and state laws. These difficulties include the fact that many financial institutions are reluctant to handle cannabis proceeds. One reason is that a lack of alignment in terms …

Amazon's Pricing Paradox, Rory Van Loo, Nikita Aggarwal

Articles

Antitrust scholars have widely debated the paradox of Amazon seemingly wielding monopoly power while charging low prices to consumers. A single company's behavior thereby helped spark a vibrant intellectual conversation as scholars debated why Amazon's prices were so low, whether enforcers should intervene, and, eventually, how the field of antitrust should be reformed. One of the main sources of agreement in these and other scholarly conversations has long been that Amazon charges low prices. This Article challenges that assumption by demonstrating that Amazon customers may pay significantly higher prices than is commonly understood due to strategies that do not necessarily …

Amazon's Pricing Paradox, Rory Van Loo, Nikita Aggarwal

Faculty Scholarship

Antitrust scholars have widely debated the apparent paradox of Amazon seemingly wielding monopoly power while offering low prices to consumers. A single company’s behavior thereby helped spark an intellectual renaissance as scholars debated why Amazon’s prices were so low, whether antitrust enforcers should intervene, and, eventually, how the field should be reformed for the era of large online platforms. One of the few things that all parties have agreed upon amidst those contentious conversations is that Amazon offers low prices. This Article challenges that assumption by demonstrating that Amazon charges higher prices than commonly understood. More importantly, unraveling the disconnect …

Negara Dan Monopoli Alamiah Serta Perkembangan Di Indonesia, Teddy Anggoro

Jurnal Hukum & Pembangunan

Natural monopoly is a controversial theory to be developed or implemented in today's world. It is important to note that every time an economic crisis hits the world, at that time natural monopoly loses its popularity, because it is the party to blame for the economic crisis that occurs, especially if the natural monopoly is held by State-Owned Enterprises (BUMN). Indonesia is one of the countries that through the BUMN Law prohibits natural monopoly on certain industries to be applied. This becomes important to study considering that natural monopoly itself is a way to achieve efficiency, such as the goal …

The Road To Prosperity. Reflections On Polish Antitrust In Turbulent Times, Jan Polański

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

The “end of history”, which was once speculated, did not happen. In international politics, this resulted in much turbulence, in particular in 2022. In antitrust, in turn, there is a renewed interest in discussing its goals and assessment methods. When it comes to international politics and military reforms, Poland has taken important actions to ensure that in spite of the turbulent times, it will still take further steps on the road to prosperity, on which it had embarked in 1989. Less has been said about economic policy. Yet, it is economic policy that provides a solid base for an active …

Legal Tests And The Object – Effect Dichotomy Under Article 102 Tfeu, Ioannis Apostolakis

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

Despite the adoption of the “more economic approach” in the assessment of unilateral conduct, the object – effect dichotomy is still relevant under Article 102 TFEU, as it is under Article 101 TFEU. This article examines the tripartite classification of abusive conduct under Article 102 TFEU, namely “restrictions by object”, “restrictions by effect”, and “naked restrictions”, as a specific form of restrictions “by object”. It analyses the implications of this classification for the allocation of the burden of proof between the dominant undertaking, on the one hand, and the competition authority or private plaintiff, on the other.

Valuing Social Data, Amanda Parsons, Salomé Viljoen

Law & Economics Working Papers

Social data production is a unique form of value creation that characterizes informational capitalism. Social data production also presents critical challenges for the various legal regimes that are encountering it. This Article provides legal scholars and policymakers with the tools to comprehend this new form of value creation through two descriptive contributions. First, it presents a theoretical account of social data, a mode of production which is cultivated and exploited for two distinct (albeit related) forms of value: prediction value and exchange value. Second, it creates and defends a taxonomy of three “scripts” that companies follow to build up and …

Federal Data Privacy Regulation: Do Not Expect An American Gdpr, Matt Buckley

DePaul Business & Commercial Law Journal

No abstract provided.

Legal Representation And The Metaverse: The Ethics Of Practicing In Multiple Realities, Madeline Brom

DePaul Business & Commercial Law Journal

No abstract provided.

Welcome Address, Lauren Mckenzie

DePaul Business & Commercial Law Journal

No abstract provided.

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

Brief Of Administrative Law Scholars As Amici Curiae In Opposition To Petitioners' Request For Reversal, Jeffrey Lubbers

Amicus Briefs & Court Filings

Amici curiae are administrative law scholars from universities around the United States.

They are: • William D. Araiza, Professor of Law and Dean of Brooklyn Law School; • Blake Emerson, Professor of Law at UCLA School of Law; • Jeffrey Lubbers, Professor of Practice in Administrative Law at American University Washington College of Law; • Todd Phillips, Assistant Professor of Business Law at Georgia State University J. Mack Robinson College of Business; and • Beau Baumann, Doctoral candidate at Yale Law School.

Amici have a strong interest in how the Court’s decision will affect the field of administrative law and …