Antitrust and Trade Regulation Commons^™

International Antitrust, Miguel Del Pino, Elizabeth M. Avery, Sally Kirk, Adam S. Goodman, Peter Wang, Yizhe Zhang, Laurie-Ann Grelier, Peter Camesasca, Vinod Dhall, Mansi Tewari, Shigeyoshi ., Youngjin Jung, Anderson Mori & Tomotsune, Gina Jeehyun Choi, Lara Granville, Jonathan Tickner, Jasvinder Nakhwal, Lisl Dunlap

The Year in Review

No abstract provided.

The Minor Leagues Strike Out: The Legal Issues Arising From Leaving Certain Minor League Teams On The Bench In Major League Baseball's Revamped Minor League System, Jakob Siegfried

Et Cetera

Minor league baseball is an essential part of the sport of baseball. However, Major League Baseball has forever changed the sport through its reorganization of the minor leagues. As part of this reorganization plan, forty-three minor league teams lost their affiliation to the major leagues. MLB has justified this plan by stating they want to improve working conditions for minor leaguers by improving stadium facilities and travel conditions. Still, losing an affiliation is a major blow to teams financially, and minor league team owners had little power to stop the reorganization plan from happening because of the imbalance of power …

The Dawn Of A New Era: Antitrust Law Vs. The Antiquated Ncaa Compensation Model Perpetuating Racial Injustice, Amanda L. Jones

Northwestern University Law Review

Two crises in 2020 fueled the fire underlying a debate that has been smoldering for years: whether student athletes should be compensated. The COVID-19 pandemic coincided with the Black Lives Matter movement and drew unprecedented attention to systemic racism permeating society, including college sports that rely disproportionately on Black men risking physical harm to support an entire industry. The Supreme Court’s decision in NCAA v. Alston opened the door for some athletic conferences to offer student athletes unlimited education-related benefits and called out the NCAA’s business model that relies on not paying student athletes under the justification of amateurism. Alston …

Modeling The Caselaw Access Project: Lessons For Market Power And The Antitrust–Regulation Balance, Felix B. Chang, Erin Mccabe, James Lee

Nevada Law Journal

This Article applies computational legal methods to antitrust caselaw. We introduce modifications to topic modeling that streamline big data legal analysis. Topic modeling, an algorithm that maps the statistical relationships among words, is quickly gaining traction in law. Yet its adherents have overlooked criticisms of the tool from computer science and digital humanities, especially around decontextualization.

We utilize aggregated modeling, an improvement over traditional topic models, to analyze two corpora of antitrust decisions extracted from the Caselaw Access Project. One corpus covers market power cases, while the other features the terms ‘antitrust’ and ‘regulation.’

Though technical advances have made the …

Sovereignty 2.0, Anupam Chander, Haochen Sun

Vanderbilt Journal of Transnational Law

Digital sovereignty-the exercise of control over the internet-is the ambition of the world's leaders, from Australia to Zimbabwe, seen as a bulwark against both foreign states and foreign corporations. Governments have resoundingly answered first-generation internet law questions of who, if anyone, should regulate the internet. The answer: they all will. Governments now confront second-generation questions--not whether, but how to regulate the internet. This Article argues that digital sovereignty is simultaneously a necessary incident of democratic governance and democracy's dreaded antagonist. As international law scholar Louis Henkin taught, sovereignty can insulate a government's worst ills from foreign intrusion. Assertions of digital …

Lessons Covid-19 Taught: How The Global Pandemic Demonstrated That State Healthcare Regulations Can Kill, Devon Allgood

Brooklyn Law Review

Certificate of Need (CON) laws are designed to lower the cost of healthcare and have been a staple of American law for over half a century. In the most basic sense, CON laws require that medical providers receive the government’s permission to build a new healthcare facility, purchase major medical equipment, add or remove services, and in some cases, change their hours of operation. These requirements are designed to lower the price of healthcare by limiting competition and barring providers from investing in services or equipment that are deemed “unnecessary” by the government, thus preventing these providers from passing the …

2022 Mlb Lockout: Time To Re-Examine Baseball's Antitrust Exemption, Adam Renfro

SLU Law Journal Online

In this article, Adam Renfro examines the legal basis for Major League Baseball's antitrust exemption in light of ongoing lockout in Major League Baseball. This article also discusses ongoing and current threats to the exemption and asserts that the exemption should be abolished once and for all.

Megacorporations Are Jacking Up Prices 'Because They Can,' Pushing Red-Hot Inflation To Historic Levels, Robert H. Lande

All Faculty Scholarship

This article argues that corporations may be taking advantages of supply chain bottlenecks and shortages to collude and raise prices illegally. Although price fixing is illegal, the current levels of penalties are far too low. This gives firms an incentive to collude. Before the pandemic, when inflation was low, consumers and the antitrust enforcers would have been more likely to notice any sudden price increases and investigate whether they were caused by collusion. But using bottlenecks and shortages as cover, companies can take advantage of their years of consolidation and collude more easily with less chance of it being detected. …

Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce, Daniel O'Connor

DePaul Business & Commercial Law Journal

No abstract provided.

Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit

DePaul Business & Commercial Law Journal

No abstract provided.

The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor

DePaul Business & Commercial Law Journal

No abstract provided.

Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements

DePaul Business & Commercial Law Journal

No abstract provided.

Note: Trust In The Digital Marketplace: Amazon, Third-Party Sellers, And Informational Fiduciaries, Jesse-Paul Crane

Notre Dame Journal on Emerging Technologies

The rise of e-commerce has created a number of online marketplaces where digital platforms connect buyers and sellers. Consumers use platforms like Amazon, Etsy, Instacart, Uber, Lyft, and Airbnb to purchase goods and services from third parties while the platform itself takes a fee for operating the marketplace. Online platforms are not the only businesses that use such a “two-sided” marketplace model. The Supreme Court recently addressed antitrust concerns in this type of marketplace in Ohio v. Am. Express Co. 1 Two-sided markets invoke a number of novel legal issues that impact both those who buy and sell over them, …

Old Macdonald Had A Trust: How Market Consolidation In The Agricultural Industry, Spurred On By A Lack Of Antitrust Law Enforcement, Is Destroying Small Agricultural Producers, Cody Mccracken

William & Mary Business Law Review

The U.S. agricultural industry is controlled by a handful of large corporations. Unprecedented levels of market consolidation has created a power disparity, where controlling corporations alone shape markets, often to the disadvantage of small agricultural producers. A primary, and often overlooked, cause of this consolidationdriven bargaining disadvantage, and its resulting harm, can be found in the lacking enforcement of the nation’s antitrust laws. Faulty metrics and lax legal interpretations employed by regulatory agencies have permitted large corporations to grab control of nearly every sector of the industry. From the seeds farmers plant to the markets they sell their goods into; …

The Impact Of Amex And Its Progeny On Technology Platforms, Kacyn H. Fujii

Michigan Law Review

Big Tech today faces unprecedented levels of antitrust scrutiny. Yet antitrust enforcement against Big Tech still faces a major obstacle: the Supreme Court’s 2018 decision in Ohio v. American Express. Popularly called Amex, the case imposed a higher initial burden on antitrust plaintiffs in cases involving two-sided markets. Two-sided markets connect two distinct, noncompeting groups of customers on a shared platform. These platforms have indirect network effects, meaning that one group of customers benefits when more of the second group of customers joins the platform. Two-sided markets are ubiquitous in the technology sector, encompassing social media, search engines, …

Licensed To Rock The Campaign Trail: Are The Ascap And Bmi Political Campaign Licenses Violating Their Antitrust Consent Decrees?, Leah Scholnick

Cardozo Law Review

No abstract provided.

China's Regulatory Crackdowns And U.S.-China Trade And Investment Relations, Henry S. Gao

Research Collection Yong Pung How School Of Law

China's regulatory crackdowns have affected U.S. and Chinese companies, but protectionist trade policies implemented by the Trump administration and continued by the Biden administration have severely restricted the ability of the U.S. government to protect U.S. businesses in the Chinese market. Unless the U.S. government changes course, American companies will be increasingly less able to address perceived wrongs in Chinese government policies and will be placed at a significant economic disadvantage in much of Asia.

It’S About Lyme: Why Congress Must Enact Medical Insurance Coverage Laws For Lyme Disease Patients Now, Jennifer Barrett

Seattle University Law Review Online

The Centers for Disease Control and Prevention (CDC) estimates approximately 476,000 people are diagnosed with Lyme disease in the United States each year. While many will recover with a short course of antibiotics, up to 35% will suffer from persistent symptoms after initial treatment. Despite scientific evidence showing the infection can persist long after initial treatment, most insurance companies restrict access to treatment beyond twenty-eight days, leaving patients to bear much of the financial burden. To limit crippling out-of-pocket expenses, Congress must enact legislation mandating coverage for the treatment of clinically diagnosed Lyme disease and co-infections based on the International …

Antitrust Can't Tame Inequality, Let Alone Inflation, Ramsi Woodcock

Law Faculty Popular Media

The Biden administration’s plans to take antitrust action to head off inflation are splitting progressives, with some openly rejecting the notion that monopolies are to blame for surging prices and others arguing that even if the initiative fails to tame inflation, more antitrust enforcement can only be a good thing.

What both sides should be questioning is not whether applying antitrust to inflation is too much of a good thing, but whether antitrust is good for progressives at all. Because, as I explain in a recent paper, an inconvenient truth about competition is that it breeds inequality — something economists …

Monsanto: Creator Of Cancer Liability

DePaul Business & Commercial Law Journal

No abstract provided.