Competition Law Compliance And Leniency,
2018
Loyola University Chicago, School of Law
Competition Law Compliance And Leniency, Mark Clough
Loyola Consumer Law Review
No abstract provided.
Pharmaceutical Patent Wars, Reverse-Payment Settlements, And Their Anticompetitive Effects For Consumers,
2018
Loyola University Chicago, School of Law
Pharmaceutical Patent Wars, Reverse-Payment Settlements, And Their Anticompetitive Effects For Consumers, Steven Adamson
Loyola Consumer Law Review
No abstract provided.
The Evolution Of Crowdfunding: Reconciling Regulation Crowdfunding With Initial Coin Offerings,
2018
Loyola University Chicago, School of Law
The Evolution Of Crowdfunding: Reconciling Regulation Crowdfunding With Initial Coin Offerings, Michael R. Meadows
Loyola Consumer Law Review
No abstract provided.
Budding Torts: Forecasting Emerging Tort Liability In The Cannabis Industry,
2018
Loyola University Chicago, School of Law
Budding Torts: Forecasting Emerging Tort Liability In The Cannabis Industry, John Campbell, Sahib Singh
Loyola Consumer Law Review
The marijuana industry is booming. It is expanding into new states while it grows beyond the medical marijuana market into the recreational world. What was once illicit profit is quickly becoming on-the-books gains. As the industry matures, billions will be made, and companies once viewed suspiciously will become market giants. But this growth will not be without consequences. As marijuana use grows, and those who profit from it become established companies, the marijuana industry will become a target for tort claims that other industries have faced for decades. These claims, ranging from product liability claims to vehicular injury to consumer …
A Short Defense Of Southland, Casarotto, And Other Long-Controversial Arbitration Decisions,
2018
Loyola University Chicago, School of Law
A Short Defense Of Southland, Casarotto, And Other Long-Controversial Arbitration Decisions, Stephen J. Ware
Loyola Consumer Law Review
No abstract provided.
Proposition 65: Why Coffee In California May Come With A Cancer Warning,
2018
Loyola University Chicago, School of Law
Proposition 65: Why Coffee In California May Come With A Cancer Warning, Thomas J K Schick
Loyola Consumer Law Review
No abstract provided.
Amendments To California's Proposition 65: Clarity For Consumers, Less Confusion For Businesses,
2018
Loyola University Chicago, School of Law
Amendments To California's Proposition 65: Clarity For Consumers, Less Confusion For Businesses, Haleigh S. Haffner
Loyola Consumer Law Review
No abstract provided.
Pluralism And Regulatory Response To The Sharing Economy,
2018
Allard School of Law at the University of British Columbia
Pluralism And Regulatory Response To The Sharing Economy, Erez Aloni
All Faculty Publications
Providers use platforms in dissimilar ways. Some providers create new capacity and designate it for exclusively commercial use via platforms. For example, a provider buys a car that serves predominantly for driving paying passengers, converts a standard residential rental to a short-term rental, or works full-time via a platform. Conversely, other providers leverage their idle capacity and monetize it (e.g., a provider uses the family car to drive platform passengers in the evenings). This chapter argues that the distinction between new and idle capacity is a fundamental concept that should guide regulation of activities in the platform economy. Creating new …
The Tipping Point – Reevaluating The Asnef-Equifax Separation Of Competition Of Data Privacy Law In The Wake Of The 2017 Equifax Data Breach,
2018
Northwestern Pritzker School of Law
The Tipping Point – Reevaluating The Asnef-Equifax Separation Of Competition Of Data Privacy Law In The Wake Of The 2017 Equifax Data Breach, Olivia Altmayer
Northwestern Journal of International Law & Business
Contrary to the Court of Justice for the European Union’s decision in the Asnef-Equifax case, in a world of big data, it is inefficient and ineffective to treat EU competition law and EU data protection law as entirely separate legal considerations. Reevaluating this stance is critical in sectors where customer data is highly sensitive, and therefore highly valuable to those who steal it, particularly for the financial and healthcare sectors. Looking forward, companies that store and use biometric data will have to be similarly scrutinized. To correct this problem, the EU has numerous paths it can take: (a) continue as …
The Impact Of Regulatory Measures Imposed On Initial Coin Offerings In The United States Market Economy,
2018
Catholic University of America Columbus School of Law
The Impact Of Regulatory Measures Imposed On Initial Coin Offerings In The United States Market Economy, Joseph D. Moran
Catholic University Journal of Law and Technology
With the surge of technological advances across the financial market landscape, companies have implemented new ways of raising money that have sparked controversy among investors, legal practitioners, banks, and government regulators. This comment examines the technology behind Initial Coin Offerings (ICO), and discusses the impact they have had on financial markets in the United States and across the globe. This comment also addresses the legal ramifications for companies issuing ICOs, and delves into the benefits of using blockchain technology as a means for transferring digital currencies and making business transactions. This comment further gives examples of current and potential regulations …
The Parity Principle,
2018
University of Richmond
The Parity Principle, Luke P. Norris
Law Faculty Publications
The Supreme Court has interpreted the Federal Arbitration Act of 1925 (FAA) in a broad way that has allowed firms to widely privatize disputes with workers and consumers. The resulting expansive growth of American arbitration law has left commentators both concerned about the structural inequalities that permeate the regime and in search of an effective limiting principle. This Article develops such a limiting principle from the text and history of the FAA itself. The Article reinterprets the text and history of section 1 of the statute, which, correctly read, excludes individual employee-employer disputes from the statute’s coverage. The Article argues …
Framework For The Recognition Of Competition Compliance Programs And Dilemmas Faced By Competition Authorities,
2018
Loyola University Chicago, School of Law
Framework For The Recognition Of Competition Compliance Programs And Dilemmas Faced By Competition Authorities, András Tóth
Loyola Consumer Law Review
Should competition authorities reward compliance? How could competition authorities reward compliance? This article aims to examine these questions by analysing the approaches taken by the competition authorities, and the positive and negative effects that may result if competition authorities reward competition compliance programmes. Finally, the paper sets out the frameworks of recognition of competition compliance programmes and dilemmas faced by competition agencies when rewarding ex-ante and ex-post compliance efforts.
Constitutive Compliance,
2018
Loyola University Chicago, School of Law
Constitutive Compliance, Edward J. Janger
Loyola Consumer Law Review
I come to the topic of this roundtable as an outsider. I teach bankruptcy, contracts, and commercial law, so my observations about antitrust and compliance are trans-substantive, brief, and offered at the highest level of abstraction. I offer three broad insights about the role of compliance, generally within a firm: (1) compliance should be viewed as a core topic in corporate governance; (2) compliance should focus on fundamental behavioral norms rather than complex rules; and (3) compliance should be thought of as constitutive rather than constraining. Insofar as these insights apply to antitrust, there are considerable differences among types of …
Incentives To Comply With Competition Law,
2018
Loyola University Chicago, School of Law
Incentives To Comply With Competition Law, Max Huffman
Loyola Consumer Law Review
According to two authors, achieving compliance with competition laws is a question of “incentives to promote compliance and to promote the ethical value of compliance.”1 This Discussion Paper addresses the question of “Incentives to Comply with Competition Laws.” It addresses this topic in three steps. First, this Discussion Paper asks about the meaning of “compliance” and considers theoretical questions related to efforts at compliance. Second, this Discussion Paper addresses analytic ambiguity of competition law and other challenges to the achievement of a robust compliance culture. Third, this Discussion Paper asks – as among private enterprises subject to the laws, public …
Transcript: Incentives To Comply With Competition Law,
2018
Loyola University Chicago, School of Law
Transcript: Incentives To Comply With Competition Law, Max Huffman
Loyola Consumer Law Review
No abstract provided.
Trade Associations, Information Exchange, And Cartels,
2018
Loyola University Chicago, School of Law
Trade Associations, Information Exchange, And Cartels, Spencer Weber Waller
Loyola Consumer Law Review
Trade associations can play a procompetitive role in an economy but, as an association of actual and potential competitors, can also raise important competition law issues that must be addressed carefully by legal counsel. This Issue Paper presents a hypothetical problem that illustrates many of the issues that counsel can confront in representing a trade association, its members, or company executives. The Issue Paper raises many of the issues from a United States’ perspective with occasional comparative examples from other jurisdictions. Carefully consider how your jurisdiction would, and should, address these all too real issues. In thinking about the competition …
Transcript: Trade Associations, Information Exchange, And Cartels,
2018
Loyola University Chicago, School of Law
Transcript: Trade Associations, Information Exchange, And Cartels, Spencer Weber Waller
Loyola Consumer Law Review
No abstract provided.
Supreme Court Term Spotlight: Ohio V. American Express Company,
2018
Loyola University Chicago, School of Law
Supreme Court Term Spotlight: Ohio V. American Express Company, Thomas J K Schick
Loyola Consumer Law Review
No abstract provided.
Trading Your Health: Assessing The Need For Domestic Regulation Of Telemedicine And Ability To Conform To U.S. Trade Agreements,
2018
Loyola University Chicago, School of Law
Trading Your Health: Assessing The Need For Domestic Regulation Of Telemedicine And Ability To Conform To U.S. Trade Agreements, Marilyn L. Higdon
Loyola Consumer Law Review
International telemedicine services have existed virtually outside the U.S. regulatory matrix for over a decade. This lack of regulation has opened the door for dangerous and possibly lifethreatening situations to arise, leaving little to no available recourse for injured consumers. Regulation is often cast as an antonym of liberalization and a dirty word under the current political and economic zeitgeist. Despite this common misconception, regulation can be imposed without threatening liberalized trade or breaching current free-trade agreements. All current trade agreements, by nature, seek to increase liberalization and globalization by reducing barriers to trade. However, lack of commitment, provisions allowing …
Leap Of Faith: Managed Care And The Privatization Of Medicaid Longterm Care Services,
2018
Loyola University Chicago, School of Law
Leap Of Faith: Managed Care And The Privatization Of Medicaid Longterm Care Services, Brendan W. Williams
Loyola Consumer Law Review
No abstract provided.
