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Powerful, More Powerful, Magdalena Knapp 2023 Uniwersytet w Białymstoku

Powerful, More Powerful, Magdalena Knapp

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

From the volume editor


Table Of Contents, 2023 Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw

Table Of Contents

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

Table of Contents


On Selected Current Financial Market Problems, Iwona Dorota Czechowska, Edyta Rutkowska-Tomaszewska 2023 Uniwersytet Łódzki: Wydział Ekonomiczno-Socjologiczny

On Selected Current Financial Market Problems, Iwona Dorota Czechowska, Edyta Rutkowska-Tomaszewska

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

From the issue’s thematic editors


Table Of Contents, 2023 Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw

Table Of Contents

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

Table of contents


Entire Issue Vol. 12 No. 7, 2023 Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw

Entire Issue Vol. 12 No. 7

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

Vol. 12(7)


At The Nexus Of Antitrust & Consumer Protection, Luke Herrine 2023 University of Alabama School of Law

At The Nexus Of Antitrust & Consumer Protection, Luke Herrine

Articles

This Essay uses Section 5 of the Federal Trade Commission Act to examine the theoretical and practical relationship between antitrust and consumer protection law. It argues that, since roughly 1980, there has been a hegemonic "neoliberal"framework, one that has in recent years been challenged by an emerging "moral economy" framework. The neoliberal framework conceptualizes antitrust as preventing firms from conspiring to throttle output, with a focus primarily on consumers' interests in low prices, and consumer protection as making consumers informed, rational, and able to switch between competitors with relatively low cost. The moral economy framework conceptualizes both areas of law …


Mandatory Infringement, Charles Duan 2023 American University Washington College of Law

Mandatory Infringement, Charles Duan

Scholarly Articles in Law Reviews & Journals

In 2005, the Food and Drug Administration required the use of chlorofluorocarbon-free propellants in albuterol inhalers. But 3M held patents on the only U.S.-approved chlorofluorocarbon-free inhaler. The agency’s regulations forced multiple generic albuterol manufacturers to choose between infringing 3M’s patents or exiting the market. This state of affairs was lucrative for 3M, perhaps good for the environment, bad for competition, and terrible for patients faced with high costs for essential medical devices. This is an example of a general phenomenon: mandatory infringement. Intellectual property prohibits certain activities, but sometimes the government also mandates these very same activities. Such situations arise …


What Is At Stake If Antitrust Regulation Fails?, Anu Bradford 2023 Columbia Law School

What Is At Stake If Antitrust Regulation Fails?, Anu Bradford

Faculty Scholarship

Momentum for regulating Big Tech is growing across the world. The European Union has been leading this fight for the past decade, frequently leveraging its antitrust laws, data protection laws, and other regulatory instruments to reclaim control over the industry. But the EU is no longer the lone crusader prepared to take on the tech giants. The Chinese government has initiated an unprecedented crackdown on its tech sector in the name of advancing "common prosperity" and ensuring that its tech giants do not overpower the state. The tide may now finally be turning even in the United States, where Congress …


Accounting For The Employee-Employer Relationship In Antitrust Analysis, Justin McCrary, Bryan Ricchetti 2023 Columbia Law School

Accounting For The Employee-Employer Relationship In Antitrust Analysis, Justin Mccrary, Bryan Ricchetti

Faculty Scholarship

Recent years have seen increased regulatory scrutiny of and private litigant claims regarding potential monopsony power in labor markets. In this paper, we discuss a defining feature of that analysis — a feature that differentiates it from antitrust analysis of product-market restraints. That feature is the employee-employer relationship. Employer-employee relationships, and investments that workers and firms make in such relationships, are central to analysis of antitrust issues in labor markets.


Q&A With Lina Khan, Chair Of The U.S. Federal Trade Commission And Mark Glick, Professor Of Economics At The University Of Utah, Lina M. Khan 2023 Columbia Law School

Q&A With Lina Khan, Chair Of The U.S. Federal Trade Commission And Mark Glick, Professor Of Economics At The University Of Utah, Lina M. Khan

Faculty Scholarship

Let me tell you a little about Lina. Lina attended Yale Law school and while a third-year law student she wrote her famous and influential article Amazon’s Anti-Trust Paradox. Then, after graduating from law school, she worked as the legal director at the Open Markets Institute and during that period she continued to write a large number of influential antitrust papers. She then joined the faculty of my alma mater, Columbia Law School. In 2019, she was appointed as counsel to the U.S. House Judiciary Subcomittee on Antitrust, Commercial, and Administrative Law and, in 2021, President Biden appointed her …


Name, Image, And Likeness Rights In College Sports: Evaluating Year One Of Much Overdue Reforms, Marc Edelman 2023 University of Oklahoma College of Law

Name, Image, And Likeness Rights In College Sports: Evaluating Year One Of Much Overdue Reforms, Marc Edelman

Oklahoma Law Review

No abstract provided.


Name, Image, And Likeness Deals And Immigration Consequences For International Student-Athletes, Eric E. Johnson, Kit Johnson 2023 University of Oklahoma College of Law

Name, Image, And Likeness Deals And Immigration Consequences For International Student-Athletes, Eric E. Johnson, Kit Johnson

Oklahoma Law Review

No abstract provided.


A Fine Mess: The Ncaa, The Collegiate Model, And The Post-Alston World, Josephine (Jo) R. Potuto 2023 University of Oklahoma College of Law

A Fine Mess: The Ncaa, The Collegiate Model, And The Post-Alston World, Josephine (Jo) R. Potuto

Oklahoma Law Review

No abstract provided.


Ncaa V. Board Of Regents 2.0: Potential Antitrust Law Claims Arising From The Ncaa’S Regulation Of College Athletes’ Nil, Alicia Jessop, Esq. 2023 University of Oklahoma College of Law

Ncaa V. Board Of Regents 2.0: Potential Antitrust Law Claims Arising From The Ncaa’S Regulation Of College Athletes’ Nil, Alicia Jessop, Esq.

Oklahoma Law Review

No abstract provided.


The Collective Conundrum, John T. Holden, Thomas A. Baker III, Joanna Wall Tweedie 2023 University of Oklahoma College of Law

The Collective Conundrum, John T. Holden, Thomas A. Baker Iii, Joanna Wall Tweedie

Oklahoma Law Review

No abstract provided.


Nil: The Title Iv Financial Aid Enigma, Kathryn Kisska-Schulze 2023 University of Oklahoma College of Law

Nil: The Title Iv Financial Aid Enigma, Kathryn Kisska-Schulze

Oklahoma Law Review

No abstract provided.


Finding Another Way: The Ncaa’S Regulation Of Nil And Recruiting, Alfred C. Yen 2023 University of Oklahoma College of Law

Finding Another Way: The Ncaa’S Regulation Of Nil And Recruiting, Alfred C. Yen

Oklahoma Law Review

No abstract provided.


The Ncaa’S Challenge In Determining Nil Market Value, Meg Penrose 2023 University of Oklahoma College of Law

The Ncaa’S Challenge In Determining Nil Market Value, Meg Penrose

Oklahoma Law Review

No abstract provided.


Beyond The Labor Exemption: Labor's Antimonopoly Vision And The Fight For Greater Democracy, Kate Andrias 2023 Columbia Law School

Beyond The Labor Exemption: Labor's Antimonopoly Vision And The Fight For Greater Democracy, Kate Andrias

Faculty Scholarship

Although the labor movement and the antimonopoly movement both oppose concentrated economic power and bemoan rising inequality, their projects are frequently viewed as divergent, if not incompatible. According to the conventional account, the labor movement has historically lacked an affirmative antimonopoly agenda, instead focusing its demands on achieving a labor exemption to the antitrust laws. This chapter shows, however, that left-leaning industrial unions from the late nineteenth century through the mid-twentieth century repeatedly and insistently used the language of antimonopoly to argue that private concentrations of economic power posed a grave threat to workers and to democracy. But labor’s vision …


Antitrust Rulemaking: The Ftc’S Delegation Deficit, Thomas W. Merrill 2023 Columbia Law School

Antitrust Rulemaking: The Ftc’S Delegation Deficit, Thomas W. Merrill

Faculty Scholarship

The Federal Trade Commission’s (FTC’s) recent assertion of authority to engage in legislative rulemaking in antitrust matters can be addressed in terms of three frameworks: the major questions doctrine, the Chevron doctrine, and as a matter of ordinary statutory interpretation. The article argues that as a matter of ordinary statutory interpretation the FTC has no such authority. This can be seen by considering the structure and history of the Act and is confirmed by the 1975 Federal Trade Commission Improvements Act. Given that the result follows from ordinary statutory interpretation, it is unnecessary for courts to consider the other two …


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