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Thinking Outside The Illinois Brick Box
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Book Synopsis Thinking Outside the Illinois Brick Box by : Andrew I. Gavil
Download or read book Thinking Outside the Illinois Brick Box written by Andrew I. Gavil and published by . This book was released on 2016 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Illinois Brick Co. v. Illinois, the Supreme Court adopted a per se ban on private, treble damage antitrust suits by “indirect purchasers” in federal courts. The Court did so based on its belief that, if permitted, such actions could result in duplicative liability and protracted and complex proceedings. It also concluded that concentrating all recovery rights in the hands of direct purchasers would best serve U.S. antitrust law's twin goals of deterrence and compensation. Many states disagreed with the Court's assessment. They viewed Illinois Brick's ban on recovery by indirect purchasers as an arbitrary, anti-consumer limitation on the remedies available for violation of the antitrust laws and responded by adopting “Illinois Brick repealers.” By judicial decision or legislation, these repealers authorized indirect purchasers to sue in state courts under state antitrust laws. They became an accepted feature of the U.S. antitrust remedial system when, in California v. ARC America, the Supreme Court rejected the argument that state repealers were impliedly pre-empted by federal antitrust law as interpreted in Illinois Brick. Together, Illinois Brick, ARC America and some interrelated cases have produced a needlessly expensive, cumbersome, and complex antitrust remedial system that divides related cases between federal and state courts. Although removal and multi-district litigation procedures allow for some administrative efficiencies, the likely cost of the divided system is significant both for litigating parties and for the public and promote litigation strategies that may undermine the core goals of the antitrust remedial scheme. Ironically, the current system is more likely to produce the evils feared by the Supreme Court in Illinois Brick than a system that permitted indirect and direct purchasers alike to sue in federal court. And it is almost certain that the current divided remedial system has led to the odd combination of over-deterrence and under-compensation. This article presents a proposal for reform of the Illinois Brick-ARC America system that recalibrates the balance between deterrence and compensation. The goal is to establish a system that produces improved levels of both deterrence and compensation, while significantly decreasing the current, unacceptably high costs of administering our antitrust remedial system.
Book Synopsis Collective Actions by : Stefan Wrbka
Download or read book Collective Actions written by Stefan Wrbka and published by Cambridge University Press. This book was released on 2012-04-30 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of essays draws together research on different types of collective actions: group actions, representative actions, test case procedures, derivative actions and class actions. The main focus is on how these actions can enhance access to justice and on how to balance the interests of private actors in protecting their rights with the interests of society as a whole. Rather than focusing on collective actions only as a procedural device per se, the contributors to this book also examine how these mechanisms relate to their broader social context. Bringing together a broad range of scholarship from the areas of competition, consumer, environmental, company and securities law, the book includes contributions from Asian, European and North American scholars and therefore expands the scope of the traditional European and/or American debate.
Book Synopsis The Microsoft Antitrust Cases by : Andrew I. Gavil
Download or read book The Microsoft Antitrust Cases written by Andrew I. Gavil and published by MIT Press. This book was released on 2014-11-28 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive account of the decades-long, multiple antitrust actions against Microsoft and an assessment of the effectiveness of antitrust law in the digital age. For more than two decades, the U.S. Department of Justice, various states, the European Commission, and many private litigants pursued antitrust actions against the tech giant Microsoft. In investigating and prosecuting Microsoft, federal and state prosecutors were playing their traditional role of reining in a corporate power intent on eliminating competition. Seen from another perspective, however, the government's prosecution of Microsoft—in which it deployed the century-old Sherman Antitrust Act in the volatile and evolving global business environment of the digital era—was unprecedented. In this book, two experts on competition policy offer a comprehensive account of the multiple antitrust actions against Microsoft—from beginning to end—and an assessment of the effectiveness of antitrust law in the twenty-first century. Gavil and First describe in detail the cases that the Department of Justice and the states initiated in 1998, accusing Microsoft of obstructing browser competition and perpetuating its Windows monopoly. They cover the private litigation that followed, and the European Commission cases decided in 2004 and 2009. They also consider broader issues of competition policy in the age of globalization, addressing the adequacy of today's antitrust laws, their enforcement by multiple parties around the world, and the difficulty of obtaining effective remedies—all lessons learned from the Microsoft cases.
Book Synopsis Refusals to License Intellectual Property by : Ian Eagles
Download or read book Refusals to License Intellectual Property written by Ian Eagles and published by Bloomsbury Publishing. This book was released on 2011-12-15 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic analysis rarely appears on the judicial horizon in intellectual property litigation. In competition cases, by contrast, economists are familiar figures in the courtroom and the language of economics is scattered throughout the judgments of even the highest courts. One might expect, therefore, that refusals to license intellectual property would generate the same fruitful symbiosis between law and economics when those refusals surface in competition proceedings. This however, has not been how the law on this subject has developed in most jurisdictions. Courts and enforcement agencies faced with a unilateral refusal to license have instead tended to retreat into sketchily articulated black letter rules and presumptions which then have to be fenced off from the rest of competition law by economically irrelevant qualifications and distinctions based on private law categorisations of, and rationales for, individual intellectual property rights. This bypassing of case-by-case analysis in favour of more traditional modes of legal reasoning is not entirely the fault of lawyers. Economists have contributed to this state of affairs by urging judges and regulators to convert empirically undernourished theories about the proper role of intellectual property in a market economy into rules of law and evidentiary presumptions intended to be binding in future cases. How this came about and what it means for the future of effective competition enforcement globally are the twin concerns of this book.
Book Synopsis Private Antitrust Litigation in the European Union and Japan by : Simon Vande Walle
Download or read book Private Antitrust Litigation in the European Union and Japan written by Simon Vande Walle and published by Maklu. This book was released on 2013 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Companies in Europe and Japan are increasingly the target of private antitrust litigation. These lawsuits are being facilitated by favorable case law, legislative changes, and a growing awareness of antitrust remedies in all layers of society. This book analyzes and compares this burgeoning area of litigation in the European Union and Japan. It examines the legal framework for these actions and takes stock of the hundreds of actions for damages and injunctive relief that have been brought in Japan and the EU. It also looks at the novel contexts in which private litigants are invoking antitrust violations, such as in derivative suits and in actions to challenge arbitral awards. Finally, the book assesses the impact of private litigation on the enforcement of antitrust law and shows how Japan's experience can be useful for Europe and vice versa in shaping future reforms.
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 Research Handbook on Private Enforcement of Competition Law in the EU by : Barry J. Rodger
Download or read book Research Handbook on Private Enforcement of Competition Law in the EU written by Barry J. Rodger and published by Edward Elgar Publishing. This book was released on 2023-02-14 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Handbook on Private Enforcement of Competition Law in the EU provides wide-ranging coverage of a key aspect of competition law enforcement which is undergoing constant and rapid growth in significance. The Handbook examines the private enforcement of competition law across the EU and beyond, shedding light on pertinent and underlying issues.
Book Synopsis Collective Redress and EU Competition Law by : Eda Şahin
Download or read book Collective Redress and EU Competition Law written by Eda Şahin and published by Routledge. This book was released on 2018-12-07 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring obstacles to effective compensation of victims of competition infringements, this book categorises the types of victims harmed and the types of losses arisen from these infringements to identify to what extent there is a need for enhanced private competition law enforcement in the European Union (EU) and the best way to address this need. It shows that there is a genuine need for facilitating consumer damages actions and that consumer claims are the only claims that can be pursued in a collective redress action. In order to compensate consumers and overcome barriers to effective enforcement of their right to damages, it structures a collective redress action for consumers by considering the following elements: i. the formation of the group, ii. the type of representative party iii. funding mechanisms and iv. calculation and distribution of damages.
Book Synopsis Thinking Outside the Box by : Marco van Leeuwen
Download or read book Thinking Outside the Box written by Marco van Leeuwen and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis European Competition Law Annual 2011 by : Philip Lowe
Download or read book European Competition Law Annual 2011 written by Philip Lowe and published by Bloomsbury Publishing. This book was released on 2014-11-01 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains papers presented at the 16th Annual EU Competition Law and Policy Workshop, held at the European University Institute on 17-18 June 2011. This edition of the Workshop examined the emerging and increasingly important use of private rights of action before national courts, and the prospects for legislation and soft law initiatives at the level of the EU. The book has been updated and reflects the European Commission's private enforcement package of June 2013. Furthermore, the experiences of various national jurisdictions are discussed, both within Europe and in the US and Canada. As a whole, the volume explores how public and private enforcement might function harmoniously, as an 'integrated' system, to promote the public interest while ensuring that individual rights created in this field by the EU competition rules are vindicated. The contributors have, however, devoted significant analysis to the tensions between those two modes of enforcement. Authors contributing to this book include: Enno Ahlenstiel Donald Baker Jochen Burrichter Horst Butz Scott Campbell Brian Facey Tristan Feunteun Ian Forrester Andrew Foster Andrew Gavil Barry Hawk James Keyte Assimakis Komninos Bruno Lasserre Frédéric Louis Mel Marquis Veljko Milutinovic Luis Silva Morais Tom Ottervanger Silvia Pietrini Mark Powell John Ratliff J Thomas Rosch David Rosner Mario Siragusa James Venit
Download or read book Illinois Municipal Review written by and published by . This book was released on 2008 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Thinking like an Economist by : Elizabeth Popp Berman
Download or read book Thinking like an Economist written by Elizabeth Popp Berman and published by Princeton University Press. This book was released on 2022-04-05 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The story of how economic reasoning came to dominate Washington between the 1960s and 1980s—and why it continues to constrain progressive ambitions today For decades, Democratic politicians have frustrated progressives by tinkering around the margins of policy while shying away from truly ambitious change. What happened to bold political vision on the left, and what shrunk the very horizons of possibility? In Thinking like an Economist, Elizabeth Popp Berman tells the story of how a distinctive way of thinking—an “economic style of reasoning”—became dominant in Washington between the 1960s and the 1980s and how it continues to dramatically narrow debates over public policy today. Introduced by liberal technocrats who hoped to improve government, this way of thinking was grounded in economics but also transformed law and policy. At its core was an economic understanding of efficiency, and its advocates often found themselves allied with Republicans and in conflict with liberal Democrats who argued for rights, equality, and limits on corporate power. By the Carter administration, economic reasoning had spread throughout government policy and laws affecting poverty, healthcare, antitrust, transportation, and the environment. Fearing waste and overspending, liberals reined in their ambitions for decades to come, even as Reagan and his Republican successors argued for economic efficiency only when it helped their own goals. A compelling account that illuminates what brought American politics to its current state, Thinking like an Economist also offers critical lessons for the future. With the political left resurgent today, Democrats seem poised to break with the past—but doing so will require abandoning the shibboleth of economic efficiency and successfully advocating new ways of thinking about policy.
Book Synopsis Beyond Respectability by : Brittney C. Cooper
Download or read book Beyond Respectability written by Brittney C. Cooper and published by University of Illinois Press. This book was released on 2017-05-03 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond Respectability charts the development of African American women as public intellectuals and the evolution of their thought from the end of the 1800s through the Black Power era of the 1970s. Eschewing the Great Race Man paradigm so prominent in contemporary discourse, Brittney C. Cooper looks at the far-reaching intellectual achievements of female thinkers and activists like Anna Julia Cooper, Mary Church Terrell, Fannie Barrier Williams, Pauli Murray, and Toni Cade Bambara. Cooper delves into the processes that transformed these women and others into racial leadership figures, including long-overdue discussions of their theoretical output and personal experiences. As Cooper shows, their body of work critically reshaped our understandings of race and gender discourse. It also confronted entrenched ideas of how--and who--produced racial knowledge.
Download or read book Brick written by and published by . This book was released on 1926 with total page 618 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Musical Brain: And Other Stories by : César Aira
Download or read book The Musical Brain: And Other Stories written by César Aira and published by New Directions Publishing. This book was released on 2015-03-03 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: A delirious collection of short stories from the Latin American master of micro-fiction. A delirious collection of short stories from the Latin American master of microfiction, César Aira–the author of at least eighty novels, most of them barely one hundred pages long–The Musical Brain & Other Stories comprises twenty tales about oddballs, freaks, and loonies. Aira, with his fuga hacia adelante or "flight forward" into the unknown, gives us imponderables to ponder and bizarre and seemingly out-of-context plot lines, as well as thoughtful and passionate takes on everyday reality. The title story, first published in the New Yorker, is the creme de la creme of this exhilarating collection.
Author :United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust and Monopoly Publisher : ISBN 13 : Total Pages :496 pages Book Rating :4.F/5 ( download)
Book Synopsis Fair and Effective Enforcement of the Antitrust Laws, S. 1874 by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust and Monopoly
Download or read book Fair and Effective Enforcement of the Antitrust Laws, S. 1874 written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust and Monopoly and published by . This book was released on 1978 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Starport written by George R.R. Martin and published by HarperCollins UK. This book was released on 2019-03-21 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law & Order meets Men in Black in this graphic novel adaptation of a TV pilot script by the author of A Game of Thrones. Ideal for fans of Saga.
