Brief Of 28 Professors Of Antitrust Law As Amici Curiae Supporting Petitioners

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European Competition Law Annual 2013

Author : Philip Lowe
Publisher : Bloomsbury Publishing
ISBN 13 : 1509900489
Total Pages : 641 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis European Competition Law Annual 2013 by : Philip Lowe

Download or read book European Competition Law Annual 2013 written by Philip Lowe and published by Bloomsbury Publishing. This book was released on 2016-04-21 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains papers presented at the 18th Annual EU Competition Law and Policy Workshop. The papers examine means of balancing effective (public) competition law enforcement and the requirements of legitimate and accountable exercise of public authority. The authors address the design and performance of various enforcement tools at European and national levels, including sanctions and remedies but also distinctive instruments under Regulation 1/2003 (eg commitment procedures) and under the Treaty on the Functioning of the European Union (Article 106(3) when used as a basis for infringement procedures). From the perspective of legitimacy, reflections focus on the implications of fundamental rights standards and general principles of law for the EU's complex and quasi-federal enforcement architecture. Issues that may sometimes escape judicial scrutiny are also discussed, such as how agencies prioritise their activities, and how investigation responsibilities are distributed within the European Competition Network. Effectiveness and legitimacy are then considered in the context of public enforcement cooperation beyond the EU, where international organisations, regional cooperation and a range of formal and informal modes of governance prevail.

ANTITRUST ANALYSIS OF PLATFORM MARKETS

Author : David Sparks Evans
Publisher :
ISBN 13 : 9781950769414
Total Pages : 210 pages
Book Rating : 4.7/5 (694 download)

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Book Synopsis ANTITRUST ANALYSIS OF PLATFORM MARKETS by : David Sparks Evans

Download or read book ANTITRUST ANALYSIS OF PLATFORM MARKETS written by David Sparks Evans and published by . This book was released on 2019-12-16 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book compiles a set of pieces on the implications of the U.S. Supreme Court's ruling in Ohio et. al. v. American Express and the preceding litigation for the treatment of multisided platforms under U.S. antitrust law. The authors consider that the Supreme Court ruling provides valuable guidance for antitrust analysis in such markets.

Antitrust Law Journal

Author :
Publisher :
ISBN 13 :
Total Pages : 728 pages
Book Rating : 4.:/5 (51 download)

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Book Synopsis Antitrust Law Journal by :

Download or read book Antitrust Law Journal written by and published by . This book was released on 1986 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Matchmakers

Author : David S. Evans
Publisher : Harvard Business Review Press
ISBN 13 : 163369173X
Total Pages : 271 pages
Book Rating : 4.6/5 (336 download)

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Book Synopsis Matchmakers by : David S. Evans

Download or read book Matchmakers written by David S. Evans and published by Harvard Business Review Press. This book was released on 2016-05-03 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: A different kind of matchmaker. Many of the most dynamic public companies, from Alibaba to Facebook to Visa, and the most valuable start-ups, such as Airbnb and Uber, are matchmakers that connect one group of customers with another group of customers. Economists call matchmakers multisided platforms because they provide physical or virtual platforms for multiple groups to get together. Dating sites connect people with potential matches, for example, and ride-sharing apps do the same for drivers and riders. Although matchmakers have been around for millennia, they’re becoming more and more popular—and profitable—due to dramatic advances in technology, and a lot of companies that have managed to crack the code of this business model have become today’s power brokers. Don’t let the flashy successes fool you, though. Starting a matchmaker is one of the toughest business challenges, and almost everyone who tries to build one, fails. In Matchmakers, David Evans and Richard Schmalensee, two economists who were among the first to analyze multisided platforms and discover their principles, and who’ve consulted for some of the most successful platform businesses in the world, explain how matchmakers work best in practice, why they do what they do, and how entrepreneurs can improve their chances for success. Whether you’re an entrepreneur, an investor, a consumer, or an executive, your future will involve more and more multisided platforms, and Matchmakers—rich with stories from platform winners and losers—is the one book you’ll need in order to navigate this appealing but confusing world.

The Antitrust Paradigm

Author : Jonathan B. Baker
Publisher : Harvard University Press
ISBN 13 : 0674975782
Total Pages : 369 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis The Antitrust Paradigm by : Jonathan B. Baker

Download or read book The Antitrust Paradigm written by Jonathan B. Baker and published by Harvard University Press. This book was released on 2019-05-06 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new and urgently needed guide to making the American economy more competitive at a time when tech giants have amassed vast market power. The U.S. economy is growing less competitive. Large businesses increasingly profit by taking advantage of their customers and suppliers. These firms can also use sophisticated pricing algorithms and customer data to secure substantial and persistent advantages over smaller players. In our new Gilded Age, the likes of Google and Amazon fill the roles of Standard Oil and U.S. Steel. Jonathan Baker shows how business practices harming competition manage to go unchecked. The law has fallen behind technology, but that is not the only problem. Inspired by Robert Bork, Richard Posner, and the “Chicago school,” the Supreme Court has, since the Reagan years, steadily eroded the protections of antitrust. The Antitrust Paradigm demonstrates that Chicago-style reforms intended to unleash competitive enterprise have instead inflated market power, harming the welfare of workers and consumers, squelching innovation, and reducing overall economic growth. Baker identifies the errors in economic arguments for staying the course and advocates for a middle path between laissez-faire and forced deconcentration: the revival of pro-competitive economic regulation, of which antitrust has long been the backbone. Drawing on the latest in empirical and theoretical economics to defend the benefits of antitrust, Baker shows how enforcement and jurisprudence can be updated for the high-tech economy. His prescription is straightforward. The sooner courts and the antitrust enforcement agencies stop listening to the Chicago school and start paying attention to modern economics, the sooner Americans will reap the benefits of competition.

Research Handbook on Corporate Purpose and Personhood

Author : Pollman, Elizabeth
Publisher : Edward Elgar Publishing
ISBN 13 : 1789902916
Total Pages : 432 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Research Handbook on Corporate Purpose and Personhood by : Pollman, Elizabeth

Download or read book Research Handbook on Corporate Purpose and Personhood written by Pollman, Elizabeth and published by Edward Elgar Publishing. This book was released on 2021-09-28 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful Research Handbook contributes to the theoretical and practical understanding of corporate purpose and personhood, which has become the central debate of corporate law. It provides cutting-edge thoughts on the role of corporations in society and the nature of their rights and responsibilities.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Antitrust Law and Economics

Author : Keith N. Hylton
Publisher : Edward Elgar Publishing
ISBN 13 : 1849805288
Total Pages : 311 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Antitrust Law and Economics by : Keith N. Hylton

Download or read book Antitrust Law and Economics written by Keith N. Hylton and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this outstanding new book Professor Keith Hylton and his collaborators examine what antitrust law has become over the past ten years, a time in which economic analysis has become its undisputed core. What has become of the old antitrust doctrine, what are the new issues for the immediate future? This book brings together the leading experts to examine this silent revolution at the core of US domestic policy. Mark Grady, UCLA School of Law, US Hylton s Antitrust Law and Economics brings together many of the best authors writing in antitrust today. Their essays range widely, covering proof of agreement under the Sherman Act, group boycotts, monopolization and essential facilities, tying and other vertical restraints, and merger policy. The writing is clear, accessible but still technically sophisticated and comprehensive. This book represents the best in contemporary antitrust scholarship, by authors who understand and are able to communicate the centrality of economic analysis to antitrust. No antitrust lawyer, serious antitrust student, or antitrust economist should be without this book. Herbert Hovenkamp, University of Iowa College of Law, US This comprehensive book provides an extensive overview of the major topics of antitrust law from an economic perspective. Its in-depth treatment and analysis of both the law and economics of antitrust is presented via a collection of interconnected original essays. The contributing authors are among the most influential scholars in antitrust, with a rich diversity of backgrounds. Their entries cover, amongst other issues, predatory pricing, essential facilities, tying, vertical restraints, enforcement, mergers, market power, monopolization standards, and facilitating practices. This well-organized and substantial work will be invaluable to professors of American antitrust law and European competition law, as well as students specializing in competition law. It will also be an important reference for professors and graduate students of economics and business.

The Right of Publicity

Author : Jennifer Rothman
Publisher : Harvard University Press
ISBN 13 : 0674986350
Total Pages : 170 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis The Right of Publicity by : Jennifer Rothman

Download or read book The Right of Publicity written by Jennifer Rothman and published by Harvard University Press. This book was released on 2018-05-07 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.

Trial of a Patent Case

Author :
Publisher :
ISBN 13 :
Total Pages : 222 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Trial of a Patent Case by :

Download or read book Trial of a Patent Case written by and published by . This book was released on 2006 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Margin Squeeze in the Electronic Communications Sector

Author : Anna Renata Pisarkiewicz
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041162720
Total Pages : 296 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Margin Squeeze in the Electronic Communications Sector by : Anna Renata Pisarkiewicz

Download or read book Margin Squeeze in the Electronic Communications Sector written by Anna Renata Pisarkiewicz and published by Kluwer Law International B.V.. This book was released on 2018-06-22 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Margin squeeze is a form of abuse of a dominant position in which a vertically integrated company reduces the margin between the price charged to competitors and the price charged to consumers, which can have the effect of excluding a competitor from the market. In the decade or so since the liberalisation of network industries, margin squeeze has become a major source of concern among competition authorities and courts, particularly pronounced in the electronic communications sector. Because some of the adopted decisions show significant inconsistencies in approach, and legal certainty remains elusive in this area, this book which provides an extremely thorough analysis is both timely and of great practical value. The author provides an in-depth examination of margin squeeze allegations in the electronic communications sector with a view to developing a more advanced and comprehensive analysis of principles which should guide ex post assessment of margin squeeze. Issues and topics covered include: – scope of intervention in margin squeeze cases both for national regulatory and national competition authorities; – conditions for sanctioning margin squeeze under Article 102; – methodological and practical difficulties in identifying a margin squeeze; – methodology employed in margin squeeze cases and its regulatory aspects; – assessment of the ability and incentives of regulated firms to engage in a margin squeeze; and – situations when competition law is used to address the deficits of regulation and regulatory failures. It also includes a critical comparison of the vertical foreclosure analysis undertaken in margin squeeze cases with the approach adopted in the EU Non-Horizontal Merger Guidelines. Throughout the analysis, margin squeeze treatment in the European Union and its Member States is examined in light of the diverging approach adopted by the US Supreme Court. The increasing complexity of the electronic communications market can only further confound an already complex assessment of price squeezes, and one can expect that claims of anticompetitive margin squeeze in liberalised network industries will continue to be high on the enforcement agenda of competition authorities for years to come. In light of the need for a coherent, or at least predictable, sentencing policy to provide relative legal certainty, the research in this book proves invaluable. The analysis and conclusions discussed in this book will be welcomed by policymakers, regulators, and lawyers working in the areas of competition law and electronic communications law.

Confident Pluralism

Author : John D. Inazu
Publisher : University of Chicago Press
ISBN 13 : 022659257X
Total Pages : 187 pages
Book Rating : 4.2/5 (265 download)

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Book Synopsis Confident Pluralism by : John D. Inazu

Download or read book Confident Pluralism written by John D. Inazu and published by University of Chicago Press. This book was released on 2018-08-03 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the three years since Donald Trump first announced his plans to run for president, the United States seems to become more dramatically polarized and divided with each passing month. There are seemingly irresolvable differences in the beliefs, values, and identities of citizens across the country that too often play out in our legal system in clashes on a range of topics such as the tensions between law enforcement and minority communities. How can we possibly argue for civic aspirations like tolerance, humility, and patience in our current moment? In Confident Pluralism, John D. Inazu analyzes the current state of the country, orients the contemporary United States within its broader history, and explores the ways that Americans can—and must—strive to live together peaceably despite our deeply engrained differences. Pluralism is one of the founding creeds of the United States—yet America’s society and legal system continues to face deep, unsolved structural problems in dealing with differing cultural anxieties and differing viewpoints. Inazu not only argues that it is possible to cohabitate peacefully in this country, but also lays out realistic guidelines for our society and legal system to achieve the new American dream through civic practices that value toleration over protest, humility over defensiveness, and persuasion over coercion. With a new preface that addresses the election of Donald Trump, the decline in civic discourse after the election, the Nazi march in Charlottesville, and more, this new edition of Confident Pluralism is an essential clarion call during one of the most troubled times in US history. Inazu argues for institutions that can work to bring people together as well as political institutions that will defend the unprotected. Confident Pluralism offers a refreshing argument for how the legal system can protect peoples’ personal beliefs and differences and provides a path forward to a healthier future of tolerance, humility, and patience.

The Cambridge Handbook of Intellectual Property and Social Justice

Author : Steven D. Jamar
Publisher : Cambridge University Press
ISBN 13 : 1108652999
Total Pages : 1019 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis The Cambridge Handbook of Intellectual Property and Social Justice by : Steven D. Jamar

Download or read book The Cambridge Handbook of Intellectual Property and Social Justice written by Steven D. Jamar and published by Cambridge University Press. This book was released on 2023-12-31 with total page 1019 pages. Available in PDF, EPUB and Kindle. Book excerpt: Protection for intellectual property has never been absolute; it has always been limited in the public interest. The benefits of intellectual property protection are meant to flow to everyone, not just a limited population of creators and the corporations that represent them. Given this social-utility function, intellectual property regimes must address issues of access, inclusion, and empowerment for marginalized and excluded groups. This handbook defines an approach to considering social justice in intellectual property law and regulation. Top scholars in the field offer surveys of social justice implementation in patents, copyright, trademarks, trade secrets, rights of publicity, and other major IP areas. Chapters define Intellectual Property Social Justice theory and include recommendations for reforming aspects of IP law and administration to further social justice by providing better access, more inclusion, and greater empowerment to marginalized groups.

Intellectual Property, Competition Law and Economics in Asia

Author : R Ian McEwin
Publisher : Bloomsbury Publishing
ISBN 13 : 1847318258
Total Pages : 462 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Intellectual Property, Competition Law and Economics in Asia by : R Ian McEwin

Download or read book Intellectual Property, Competition Law and Economics in Asia written by R Ian McEwin and published by Bloomsbury Publishing. This book was released on 2011-10-07 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book results from a conference held in Singapore in September 2009 that brought together distinguished lawyers and economists to examine the differences and similarities in the intersection between intellectual property and competition laws in Asia. The prime focus was how best to balance these laws to improve economic welfare. Countries in Asia have different levels of development and experience with intellectual property and competition laws. Japan has the longest experience and now vigorously enforces both competition and intellectual property laws. Most other countries in Asia have only recently introduced intellectual property laws (due to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement) and competition laws (sometimes due to the World Bank, International Monetary Fund or free trade agreements). It would be naïve to think that laws, even if similar on the surface, have the same goals or can be enforced similarly. Countries have differing degrees of acceptance of these laws, different economic circumstances and differing legal and political institutions. To set the scene, Judge Doug Ginsburg, Greg Sidak, David Teece and Bill Kovacic look at the intersection of intellectual property and competition laws in the United States. Next are country chapters on Asia, each jointly authored by a lawyer and an economist. The country chapters outline the institutional background to the intersection in each country, discuss the policy underpinnings (theoretically as well as describing actual policy initiatives), analyse the case law in the area, and make policy prescriptions.

Outsourcing Justice

Author : Imre Szalai
Publisher :
ISBN 13 : 9781611632026
Total Pages : 0 pages
Book Rating : 4.6/5 (32 download)

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Book Synopsis Outsourcing Justice by : Imre Szalai

Download or read book Outsourcing Justice written by Imre Szalai and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration is a method of dispute resolution in which parties agree to submit their dispute to a private, neutral third person, instead of a traditional court with a judge and jury. This private system of arbitration, which is often confidential and secretive, can be a polar opposite, in almost every way, to the public court system. Over the past few decades, arbitration agreements have proliferated throughout American society. Such agreements appear in virtually all types of consumer transactions, and millions of American workers are bound by arbitration agreements in their employment relationships. America has become an "arbitration nation," with an increasing number of disputes taken away from the traditional, open court system and relegated to a private, secretive system of justice. How did arbitration agreements become so widespread, and enforceable, in American society? Prior to the 1920s, courts generally refused to enforce such agreements, and parties had the right to bring their disputes to court. However, during the 1920s, Congress and state legislatures suddenly enacted ground-breaking laws declaring that arbitration agreements are "valid, irrevocable, and enforceable." Drawing on previously untapped archival sources, this book explores the many different people, institutions, forces, beliefs, and events that led to the enactment of modern arbitration laws during the 1920s, and this book examines why America's arbitration laws radically changed during this period. By examining this history, this book demonstrates how the U.S. Supreme Court has grossly misconstrued these laws and unjustifiably created an expansive, informal, private system of justice touching almost every aspect of American society and impacting the lives of millions. Professor Szalai maintains a blog on arbitration at outsourcingjustice.com. "Recommended. General readers, upper-division undergraduate students, and above." -- CHOICE Magazine

The First Amendment and the Business Corporation

Author : Ronald J. Colombo
Publisher :
ISBN 13 : 0199335672
Total Pages : 258 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis The First Amendment and the Business Corporation by : Ronald J. Colombo

Download or read book The First Amendment and the Business Corporation written by Ronald J. Colombo and published by . This book was released on 2015 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role of the business corporation in modern society is a controversial one. Some fear and object to corporate power and influence over governments and culture. Others embrace the corporation as a counterweight to the State and as a vehicle to advance important private objectives. A flashpoint in this controversy has been the First Amendment to the U.S. Constitution, which enshrines the fundamental rights of freedom to speech, religion, and association. The extent to which a corporation can avail itself of these rights goes a long way in defining the corporation's role. Those who fear the corporation wish to see these rights restricted, while those who embrace it wish to see these rights recognized. The First Amendment and the Business Corporation explores the means by which the debate over the First Amendment rights of business corporations can be resolved. By recognizing that corporations possess constitutionally relevant differences, we discover a principled basis by which to afford some corporations the rights and protections of the First Amendment but not others. This is critically important, because a "one-size-fits-all" approach to corporate constitutional rights seriously threatens either democratic government or individual liberty. Recognizing rights where they should not be recognized unnecessarily augments the already considerable power and influence that corporations have in our society. However, denying rights where they are due undermines the liberty of human beings to create, patronize, work for, and invest in companies that share their most cherished values and beliefs.

The Dubious Morality of Modern Administrative Law

Author : Richard Epstein Richard Epstein, Laurence A. Tisch Professor of Law, New York University
Publisher : Rowman & Littlefield
ISBN 13 : 1538141507
Total Pages : 237 pages
Book Rating : 4.5/5 (381 download)

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Book Synopsis The Dubious Morality of Modern Administrative Law by : Richard Epstein Richard Epstein, Laurence A. Tisch Professor of Law, New York University

Download or read book The Dubious Morality of Modern Administrative Law written by Richard Epstein Richard Epstein, Laurence A. Tisch Professor of Law, New York University and published by Rowman & Littlefield. This book was released on 2020-03-15 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern administrative law has been the subject of intense and protracted intellectual debate, from legal theorists to such high-profile judicial confirmations as those conducted for Supreme Court justices Neil Gorsuch and Brett Kavanaugh. On one side, defenders of limited government argue that the growth of the administrative state threatens traditional ideas of private property, freedom of contract, and limited government. On the other, modern progressives champion a large administrative state that delegates to key agencies in the executive branch, rather than to Congress, broad discretion to implement major social and institutional reforms. In this book, Richard A. Epstein, one of America’s most prominent legal scholars, provides a withering critique of how theadministrative state has gone astray since the New Deal. First examining how federal administrative powers worked well in an earlier age of limited government, dealing with such issues as land grants, patents, tariffs and government employment contracts, Epstein then explains how modern broad mandates for delegated authority are inconsistent with the rule of law and lead to systematic abuse in a wide range of subject matter areas: environmental law; labor law; food and drug law; communications laws, securities law and more. He offers detailed critiques of major administrative laws that are now under reconsideration in the Supreme Court and provides recommendations as to how the Supreme Court can roll back the administrative state in a coherent way.