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Federalism And State Antitrust Regulation
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Download or read book Antitrust Federalism written by and published by American Bar Association. This book was released on 1988 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work examines the role that state antitrust law plays in our national competitve policy and surveys the similarities and differences between state and federal antitrust laws.
Book Synopsis Federalism and State Antitrust Regulation by : John J. Flynn
Download or read book Federalism and State Antitrust Regulation written by John J. Flynn and published by . This book was released on 1964 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Federalism and State Antitrust Regulation by :
Download or read book Federalism and State Antitrust Regulation written by and published by . This book was released on 1964 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Federalism and State Antitrust Regulations by : John J. Flynn
Download or read book Federalism and State Antitrust Regulations written by John J. Flynn and published by . This book was released on 1984 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the protection of consumer's interests and welfare provided by the Sherman Anti-trust Act of 1890. Forms of indictments and complaints under the Act are provided in an appendix to the work.
Book Synopsis Antitrust Law in New York State by :
Download or read book Antitrust Law in New York State written by and published by . This book was released on 2002 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Antitrust Federalism in the EU and the US by : Firat Cengiz
Download or read book Antitrust Federalism in the EU and the US written by Firat Cengiz and published by Routledge. This book was released on 2013-03-01 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU and the US are the preeminent examples of multi-level polities and both have highly developed competition policies. Despite these similarities however, recent developments suggest that they are moving in different directions in the area of antitrust federalism. This book examines multi-level governance in competition policy from a comparative perspective. The book analyses how competition laws and authorities of different levels - the federal and the state levels in the US and the national and the supranational levels in the EU - interact with each other. Inspired by the increasingly divergent policy developments taking place on both sides of the Atlantic, the author asks whether the EU and the US can draw policy lessons from each other’s experiences in antitrust federalism. Antitrust Federalism in the EU and the US reveals the similarities and differences between the European and American models of antitrust federalism whilst employing policy network models in its comparative analysis of issues such as opacity and accountability in networks. The book is essentially multidisciplinary in its effort to initiate dialogue between the Law and Political Science literatures in this field. This book will be of particular interest to academics, students and practitioners of Competition Law, Constitutional Law and Political Science.
Book Synopsis State Antitrust Law by : William T. Lifland
Download or read book State Antitrust Law written by William T. Lifland and published by Law Journal Press. This book was released on 1984 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Free Market State (Of Mind) by : Jorge L. Contreras
Download or read book Free Market State (Of Mind) written by Jorge L. Contreras and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Utah Constitution states that “[i]t is the policy of the state of Utah that a free market system shall govern trade and commerce in this state to promote the dispersion of economic and political power and the general welfare of all the people.” Utah's so-called Free Market Clause, adopted in 1992, is unique among the constitutions of the fifty states. Through an excavation of the historical record and contemporary literature, this article shows that the Free Market Clause owes its existence to the influence of Professor John J. Flynn of the University of Utah, whose pioneering work on antitrust federalism was rooted in Rawlsian notions of distributive justice and economic equality. One of the early critics of the Chicago School's output-based economic approach to antitrust analysis, Flynn actively sought to infuse antitrust regulation, primarily at the state level, with notions of wealth inequality, distributive justice and individual liberty. Yet in recent years conservative groups have taken up the Free Market Clause as a potential deterrent to progressive regulation. And in the three decades since it was enacted, the courts of Utah have all but forgotten the origin and purpose of this unique and empowering constitutional pronouncement, finding it to be non-self-executing and thereby non-judiciable. This Article, for the first time, unearths the forgotten intellectual history of Utah's Free Market Clause and explores its three principal applications: (1) an interpretive aid to Utah's Antitrust Act, which was modeled on the federal Sherman Antitrust Act, (2) a standalone constitutional claim against anticompetitive state regulations and private conduct, and (3) an alternative approach to federal antitrust analysis that supplements neoclassical economics with concerns over wealth inequality, distributive justice and individual liberty.
Book Synopsis Federalism and Antitrust Reform by : Herbert Hovenkamp
Download or read book Federalism and Antitrust Reform written by Herbert Hovenkamp and published by . This book was released on 2005 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: Currently the Antitrust Modernization Commission is considering numerous proposals for adjusting the relationship between federal antitrust authority and state regulation. This essay examines two areas that have produced a significant amount of state-federal conflict: state regulation of insurance and the state action immunity for general state regulation. It argues that no principle of efficiency, regulatory theory, or federalism justifies the McCarran-Ferguson Act, which creates an antitrust immunity for state regulation of insurance. What few benefits the Act confers could be fully realized by an appropriate interpretation of the state action doctrine. Second, the current formulation of the antitrust state action doctrine creates approximately the correct balance between state and federal authority where competition is concerned, although both its clear articulation and active supervision prongs need to be strengthened and refined. In addition, basing state action immunity on the degree to which a state imposes the burden of in-state monopoly on out-of-state interests very likely comes with greater costs than any benefit that is likely to result.
Book Synopsis Antitrust, Federalism, and the Regulatory Process by : William H. Page
Download or read book Antitrust, Federalism, and the Regulatory Process written by William H. Page and published by . This book was released on 2015 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article, published in 1981, examines the two-part Midcal Aluminum standard for state action antitrust immunity. Under that standard, private actors are immune from antitrust liability if (1) they act pursuant to a regulatory policy that is clearly articulated by the state as sovereign and (2) the state actively supervises their conduct. The article endorses the clear articulation requirement, but argues for abandonment of the active supervision requirement. Clear articulation provides an appropriate basis for deference to state economic choices made through legitimate political processes. Active supervision, however, the article argues, bears no necessary relationship to the legitimacy of the state's regulatory scheme. It unjustifiably relies on command-and-control regulatory structures as a measure of the substantive legitimacy of the state's regulatory policy. For the more recent views of the author on the state action doctrine, see William H. Page and John E. Lopatka, State Action and the Meaning of Agreement Under the Sherman Act: An Approach to Hybrid Restraints, 20 Yale J. Reg. 269 (2003) and William H. Page and John E. Lopatka, State Regulation in the Shadow of Antitrust: FTC v. Ticor Title Insurance Co., 3 Sup. Ct. Econ. Rev. 189 (1993).
Book Synopsis Federal Antitrust Policy by : Herbert Hovenkamp
Download or read book Federal Antitrust Policy written by Herbert Hovenkamp and published by . This book was released on 1994 with total page 854 pages. Available in PDF, EPUB and Kindle. Book excerpt: Policy and Measurement: Basic Economics of Antitrust; History and Ideology in Antitrust Policy; Market Power and Market Definition; The Substance of Antitrust: Antitrust Policy Toward Collusion and Oligopoly; Joint Ventures of Competitors, Concerted Refusals, Patent Licensing, and Rule of Reason; Exclusionary Practices and the Dominant Firm: Basic Doctrine of Monopolization and Attempt; Exclusionary Practices in Monopolization and Attempt Cases; Predatory Pricing; Vertical Integration and Vertical Mergers; Tie-Ins, Reciprocity, Exclusive Dealing and the Franchise Contract; Intrabrand Restraints on Distribution; Mergers of Competitors; Conglomerate Mergers; Price Discrimination and the Robinson-Patman Act; Antitrust as a Regulatory Institution: Public Enforcement of the Federal Antitrust Laws; Private Enforcement; Damages; Antitrust and the Process of Democratic Government; Antitrust and Federal Regulatory Policy; Antitrust Federalism and the "State Action" Doctrine; Reach of the Federal Antitrust Laws.
Book Synopsis Antitrust and International Regulatory Federalism by : Andrew T. Guzman
Download or read book Antitrust and International Regulatory Federalism written by Andrew T. Guzman and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this Essay, Andrew Guzman proposes internationalization of antitrust law to supplant current methods of antitrust regulation across national borders. Specifically, instead of relying on local regulation, bilateral agreements between states, or a choice-of-law rule for antitrust enforcement, countries should adopt universal substantive standards. Moreover, Guzman recommends the World Trade Organization (WTO), which already employs a dispute resolution mechanism, as the governing forum for international antitrust issues. There, states can negotiate transfer payments in one international transaction to achieve agreement in another. Upon evaluating Professor Eleanor Fox's proposal of a stand-alone World Competition Forum that would specialize exclusively in international antitrust negotiations, Guzman concludes that the WTO is the preferred forum. Its dispute resolution system would facilitate substantive cooperation among countries by allowing for concessions exchanged in antitrust as well as in other areas of international relations.
Book Synopsis Comparative Antitrust Federalism and the Error-Cost Framework Or by : Florian Wagner-von Papp
Download or read book Comparative Antitrust Federalism and the Error-Cost Framework Or written by Florian Wagner-von Papp and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this paper is threefold. First, it seeks to contribute to a more fine-grained comparison between US antitrust and EU competition law by (selectively) including state antitrust laws as well as laws that pursue objectives different from the antitrust laws but interfere with the aims of the antitrust laws, such as sale-below-cost statutes, car dealer and franchise statutes, or general contract law invalidating resale price maintenance agreements ("non-antitrust laws"). Secondly, the paper highlights the degree to which such state antitrust laws and non-antitrust laws may interfere with the error-cost framework employed in antitrust law which finely balances Type I and Type II errors. Thirdly, as a consequence of the first two points, the paper seeks to raise awareness of the importance of clearly defining the relationship between antitrust law on the federal (or EU) level and antitrust laws as well as non-antitrust laws on the (Member) state level. Neither the US approach nor the current EU approach to this relationship are considered satisfactory.
Book Synopsis Costly Policies by : Jonathan R. Macey
Download or read book Costly Policies written by Jonathan R. Macey and published by A E I Press. This book was released on 1993 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses state regulation and antitrust exemption in insurance markets.
Book Synopsis Federalism, Substantive Preemption, and Limits on Antitrust by : Bruce H. Kobayashi
Download or read book Federalism, Substantive Preemption, and Limits on Antitrust written by Bruce H. Kobayashi and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Credit Suisse v. Billing, the Court held that the securities law implicitly precludes the application of the antitrust laws to the conduct alleged in that case. The Court considered several factors, including the availability and competence of other laws to regulate unwanted behavior, and the potential that application of the antitrust laws would result in "unusually serious mistakes." This paper examines whether similar considerations suggest restraint when applying the antitrust laws to conduct that is normally regulated by state and other federal laws. In particular, we examine the use of the antitrust laws to regulate the problem of patent holdup of members of standard setting organizations. Although some have suggested that this conduct illustrates a gap in the current enforcement of the antitrust laws, our analysis finds that such conduct would be better evaluated under the federal patent laws and state contract laws.
Book Synopsis The Market-Participant Exception to State-Action Immunity from Antitrust Liability by : Jarod M. Bona
Download or read book The Market-Participant Exception to State-Action Immunity from Antitrust Liability written by Jarod M. Bona and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The federal antitrust laws embody fundamental values of free enterprise and economic competition. At the same time, our federal system supports a strong degree of state sovereignty. In most cases, these values peacefully co-exist. But in a subset of cases -- federal antitrust lawsuits against state and local government entities -- they can collide. Beginning with the U.S. Supreme Court's 1943 Parker v. Brown decision, the courts have developed a doctrine called state-action immunity that isolates narrow government conduct that is state-sovereign activity and exempts it from antitrust scrutiny. But, the Supreme Court has hinted -- without ever deciding -- that antitrust law may still apply to these government actors when they are engaged in active competition with private business. The circuits are currently split on the question. Some recognize this “market-participant exceptions,” while others wait for further Supreme Court guidance. In this article, the authors argue that both experience and policy support this commercial-conduct exception to the limited state exemption from the federal antitrust laws. This article further explores how the market-participant doctrine would work if applied in Sherman Act cases and explains why the doctrine is consistent with federalism principles. Finally, the article discusses the possible scope of the market participant exception, including its potential application in cases where government actors have enacted regulations for the sole purpose of displacing competition in a manner that insulates a public enterprise from competition.
Book Synopsis Perspectives on Federalism by : Richard M. Abrams
Download or read book Perspectives on Federalism written by Richard M. Abrams and published by . This book was released on 1987 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt:
