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Author: Jonathan B. Baker Publisher: Harvard University Press ISBN: 0674975782 Category : Law Languages : en Pages : 369
Book Description
At a time when tech giants have amassed vast market power, Jonathan Baker shows how laws and regulations can be updated to ensure more competition. The sooner courts and 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.
Author: Jonathan B. Baker Publisher: Harvard University Press ISBN: 0674975782 Category : Law Languages : en Pages : 369
Book Description
At a time when tech giants have amassed vast market power, Jonathan Baker shows how laws and regulations can be updated to ensure more competition. The sooner courts and 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.
Author: Daniel A. Crane Publisher: Aspen Publishing ISBN: 9781454837992 Category : Law Languages : en Pages : 0
Book Description
A concise student treatise on antitrust that includes the basics of the microeconomic foundations on which modern antitrust doctrine is built. Many students stumble trying to disentangle economic theory from doctrine, and this treatise expertly blends the two, clearly and concisely defining the terms and basic concepts that all antitrust students need to know. Author Daniel Crane is well regarded for his antitrust scholarship. Comprehensive overview of the major antitrust statutes, including Sherman, Clayton, FTC, Robinson-Patman, and Hart-Scott-Rodino Acts, including substantive operation, antitrust immunities, and questions of standing and jurisdiction. Nontechnical explanations of economic theories for students without economics background. Orientation on how to triage and analyze antitrust problems, such as distinctions between unilateral and coordinated behavior and vertical and horizontal arrangements. Systematic examination of 2010 Horizontal Merger Guidelines with illustrations from litigated cases.
Author: Stuart Banner Publisher: Oxford University Press ISBN: 0199974691 Category : Sports & Recreation Languages : en Pages : 336
Book Description
The impact of antitrust law on sports is in the news all the time, especially when there is labor conflict between players and owners, or when a team wants to move to a new city. And if the majority of Americans have only the vaguest sense of what antitrust law is, most know one thing about it-that baseball is exempt. In The Baseball Trust, legal historian Stuart Banner illuminates the series of court rulings that resulted in one of the most curious features of our legal system-baseball's exemption from antitrust law. A serious baseball fan, Banner provides a thoroughly entertaining history of the game as seen through the prism of an extraordinary series of courtroom battles, ranging from 1890 to the present. The book looks at such pivotal cases as the 1922 Supreme Court case which held that federal antitrust laws did not apply to baseball; the 1972 Flood v. Kuhn decision that declared that baseball is exempt even from state antitrust laws; and several cases from the 1950s, one involving boxing and the other football, that made clear that the exemption is only for baseball, not for sports in general. Banner reveals that for all the well-documented foibles of major league owners, baseball has consistently received and followed antitrust advice from leading lawyers, shrewd legal advice that eventually won for baseball a protected legal status enjoyed by no other industry in America. As Banner tells this fascinating story, he also provides an important reminder of the path-dependent nature of the American legal system. At each step, judges and legislators made decisions that were perfectly sensible when considered one at a time, but that in total yielded an outcome-baseball's exemption from antitrust law-that makes no sense at all.
Author: Keith N. Hylton Publisher: Cambridge University Press ISBN: 9780521793780 Category : Law Languages : en Pages : 436
Book Description
Preface p. xi 1 Economics p. 1 I. Definitions p. 1 II. Perfect Competition Versus Monopoly p. 9 III. Further Topics p. 21 2 Law and Policy p. 27 I. Some Interpretation Issues p. 28 II. Enacting the Antitrust Law p. 30 III. What Should Antitrust Law Aim to Do? p. 40 3 Enforcement p. 43 I. Optimal Enforcement Theory p. 43 II. Enforcement Provision of the Antitrust Laws p. 47 Appendix p. 64 4 Cartels p. 68 I. Cartels p. 68 II. Conscious Parallelism p. 73 III. Conclusion p. 89 5 Development of Section 1 Doctrine p. 90 I. The Sherman Act Versus the Common Law p. 90 II. Rule of Reason and Per-Se Rule p. 104 III. Conclusion p. 112 6 Rule of Reason and Per-Se Rule p. 113 I. The Case for Price Fixing p. 113 II. Per-Se and Rule of Reason Analysis: Further Developments p. 116 III. Per-Se Versus Rule of Reason Tests: Understanding the Supreme Court's Justification for the Per-Se Rule p. 129 7 Agreement p. 132 I. The Development of Inference Doctrine p. 133 II. Rejection of Unilateral Contract Theory p. 140 8 Facilitating Mechanisms p. 144 I. Data Dissemination Cases p. 145 II. Basing Point Pricing and Related Practices p. 154 III. Basing Point Pricing: Economics p. 160 9 Boycotts p. 166 I. Pre-Socony p. 166 II. Post-Socony p. 170 III. Post-BMI/Sylvania p. 181 IV. Conclusion p. 184 10 Monopolization p. 186 I. Development of Section 2 Doctrine p. 186 II. Leveraging and Essential Facility Cases p. 202 III. Predatory Pricing p. 212 IV. Conclusion p. 228 11 Power p. 230 I. Measuring Market Power p. 230 II. Determinants of Market Power p. 235 III. Substitutability and the Relevant Market: Cellophane p. 237 IV. Multimarket Monopoly and the Relevant Market: Alcoa p. 239 V. Measuring Power: Guidelines p. 243 12 Attempts p. 244 I. The Swift Formula and Modern Doctrine p. 244 II. Dangerous Probability Requirement p. 248 13 Vertical Restraints p. 252 I. Resale Price Maintenance p. 252 II. Vertical Nonprice Restraints p. 262 III. Manufacturer Retains Title p. 267 IV. Agreement p. 270 14 Tying and Exclusive Dealing p. 279 I. Introduction p. 279 II. Early Cases p. 284 III. Development of Per-Se Rule p. 286 IV. Tension Between Rule of Reason Arguments and Per-Se Rule p. 295 V. Technological Tying p. 301 VI. Exclusive Dealing p. 303 Appendix p. 307 15 Horizontal Mergers p. 311 I. Reasons for Merging and Implications for Law p. 311 II. Horizontal Merger Law p. 317 III. Conclusion p. 330 Appendix p. 330 16 Mergers, Vertical and Conglomerate p. 333 I. Vertical Mergers p. 333 II. Conglomerate Mergers p. 344 III. Concluding Remarks p. 351 17 Antitrust and the State p. 352 I. Noerr-Pennington Doctrine p. 354 II. Parker Doctrine p. 371 III. Some Final Comments: Error Costs and Immunity Doctrines p. 375 Index p. 379.
Author: Tim Wu Publisher: ISBN: 9780999745465 Category : BUSINESS & ECONOMICS Languages : en Pages : 154
Book Description
From the man who coined the term "net neutrality" and who has made significant contributions to our understanding of antitrust policy and wireless communications, comes a call for tighter antitrust enforcement and an end to corporate bigness.
Author: Eric A. Posner Publisher: Oxford University Press ISBN: 019750762X Category : LAW Languages : en Pages : 225
Book Description
"Antitrust law has very rarely been used by workers to challenge anticompetitive employment practices. Yet recent empirical research shows that labor markets are highly concentrated, and that employers engage in practices that harm competition and suppress wages. These practices include no-poaching agreements, wage-fixing, mergers, covenants not to compete, and misclassification of gig workers as independent contractors. This failure of antitrust to challenge labor-market misbehavior is due to a range of other failures-intellectual, political, moral, and economic. And the impact of this failure has been profound for wage levels, economic growth, and inequality. In light of the recent empirical work, it is urgent for regulators, courts, lawyers, and Congress to redirect antitrust resources to labor market problems. This book offers a strategy for judicial and legislative reform"--
Author: John H. Shenefield Publisher: American Enterprise Institute ISBN: 9780844741543 Category : Law Languages : en Pages : 216
Book Description
A former top antitrust officer at the U.S. Department of Justice and a noted economist guide readers through the increasingly complex antitrust laws.
Author: Gregory Werden Publisher: ISBN: 9781531019693 Category : Antitrust law Languages : en Pages :
Book Description
"This is a book for people who practice antitrust law and for people who want to learn antitrust. For practitioners, the book supplements a treatise. For students, the book complements a casebook. It goes beyond what courts have said and done to probe the ethos, logos, and pathos of antitrust; it present the foundations of antitrust in law, history, and economics. This also could be a book for people who take an interest in antitrust policy. Antitrust law was a populist impulse. After a century during which antitrust has grown ever more technocratic, antitrust is again a matter of public interest"--
Author: Thomas V. Vakerics Publisher: Law Journal Seminars Press ISBN: 9781588520326 Category : Law Languages : en Pages : 1200
Book Description
This book anticipates virtually every antitrust issue you can expect to face, including: horizontal and vertical restraints; joint ventures; private treble damage actions; price fixing; and more.
Author: Jonathan B. Baker
Author: Jonathan B. Baker
Author: Phillip Areeda
Author: Daniel A. Crane
Author: Stuart Banner
Author: Keith N. Hylton
Author: Tim Wu
Author: Eric A. Posner
Author: John H. Shenefield
Author: Gregory Werden
Author: Thomas V. Vakerics