Search Results for “antitrust”

Search Results for: antitrust

FRAND and Antitrust

Herbert Hovenkamp, James B. Dinan University Professor, University of Pennsylvania Law School and The Wharton School.

…antitrust violations. This does not mean that the standard-setting and FRAND process in which the conduct occurred is irrelevant to antitrust analysis. To the contrary, as in any antitrust case,…

15 Sep 2020

A 2020 Agenda For Re-Invigorated Antitrust Enforcement: Four Big Ideas

Edward D. Cavanagh, Professor of Law, St. John’s University School of Law

…Happened to the Antitrust Movement?, in THE PARANOID STYLE IN AMERICAN POLITICS AND OTHER ESSAYS 188 (1st ed. 1965). Hofstadter observed that Americans had lost their zeal for antitrust and that antitrust enforcement had become unmoored from its trust-busting…

10 Jan 2020

Antitrust for Immigrants

Gregory Day

Associate Professor, University of Georgia Terry College of Business; Courtesy Appointment University of Georgia School of Law; Affliated Fellow, Yale Law School Information Society Project.

…braiding hair, manicuring nails, operating food trucks, or otherwise competing. But antitrust courts have seldom mentioned a person’s immigration status, much less offered a remedy. This Article shows that antitrust’s…

1 Aug 2024

Antitrust and the Design of Production

Herbert Hovenkamp, James G. Dinan University Professor, Penn Law and Wharton Business, University of Pennsylvania

…of design or production rather than distribution. Many of the difficulties that antitrust law has had with vertical restraints arose because antitrust courts mistakenly viewed a practice as part of…

15 Jul 2018

Antitrust and the Designing of Production

Herbert Hovenkamp, James G. Dinan University Professor, University of Pennsylvania Carry Law School

28 Jul 2020

Antitrust Remedies for Fissured Work

Brian Callaci & Sandeep Vaheesan
Chief economist, Open Markets Institute & Legal director, Open Markets Institute

Can parties control independent trading partners through contract? Antitrust law in the United States has confronted this question since its inception. From the 1940s through the 1970s, the Supreme Court…

14 Mar 2023

Why has Antitrust Law Failed Workers?

Ioana Marinescu & Eric A. Posner

Marinescu is Assistant Professor, School of Social Policy & Practice, University of Pennsylvania, and a faculty research fellow at the National Bureau of Economic Research.

Eric Posner is the Kirkland & Ellis Distinguished Service Professor at University of Chicago

…antitrust law regulates labor monopsony in the same way as it regulates monopoly on the product market side, antitrust litigation against employers is rare. We document both the magnitude of…

15 Jul 2020

Sharing, Samples, and Generics: An Antitrust Framework

Michael A. Carrier, Distinguished Professor of Law, Rutgers Law School.

…firms have contended that antitrust law does not compel them to deal with their competitors and have highlighted concerns related to safety and product liability in justifying their refusals. This…

18 Jul 2020

The Curious Case of Wellbutrin: How the Third Circuit Mistook Itself for the Supreme Court

Michael A. Carrier

FTC v. Actavis11. 570 U.S. 136 (2013). was one of the most important antitrust cases of the modern era. In one fell swoop, the Supreme Court ensconced antitrust’s role in…

11 Aug 2018

In Defense of Breakups: Administering a “Radical” Remedy

Rory Van Loo, Associate Professor of Law, Boston University; Affiliated Fellow, Yale Law School Information Society Project

…1984. Even scholars calling for more vigorous antitrust enforcement often recommend alternative remedies. This Article asserts that the pervasive hesitancy about administering breakups renders antitrust impotent in the face of…

10 Nov 2020

New Vision, Old Model: How the FTC Exaggerated Harms When Rejecting Business Justifications for Noncompetes

Alan J. Meese

Ball Professor of Law and Director, Center for the Study of Law & Markets, William & Mary Law School.

The Federal Trade Commission has rejected consumer welfare and the Rule of Reason—standards that drove antitrust for 50 years—in favor of a “NeoBrandeisian” vision. This approach seeks to enhance democracy…

3 Jun 2024

Print Volumes

…For a Uniform Invention Assignment Agreement Act (UIAAA) – Sep 2024 Issue 4 Arousal by Algorithm – Aug 2024 Article II and the Federal Reserve – Aug 2024 Antitrust for…

Cornell Law Review, Issue 5

Cornell Law Review is proud to announce Vol. 105, Issue 5, with Articles, Essays, and Notes exploring Multidistrict Litigation as a Category; Why Has Antitrust Law Failed Workers?; Legitimate Interpretation—Or…

18 Sep 2020

Systematically Important Platforms

Caleb N. Griffin, Assistant Professor, University of Arkansas School of Law

…their dominant market positions merit an antitrust response. We assess their culpability and complicity in spreading online misinformation and hate. However, in the many normative debates over how Big Tech…

26 Apr 2022

How Essential are Standard-Essential Patents?

Mark A. Lemley & Timothy Simcoe

…royalty is, and whether a refusal to comply with a FRAND commitment violates the antitrust laws. In this study, we explore what happens when SEPs go to court. What we…

15 Mar 2019

Domesticating Comity: Territorial U.S. Discovery in Violation of Foreign Privacy Laws

Corby F. Burger

…fairness to parties caught between a “rock and a hard place.”66. See In re Vitamin C Antitrust Litig., 584 F. Supp. 2d 546, 551 (E.D.N.Y. 2008) (“The defense of foreign…

12 Jan 2020

Remutualization

Erik F. Gerding, Professor of Law and Wolf-Nichol Fellow, University of Colorado Law School

…[https://perma.cc/2CBL-A64E] (describing largest IPO in U.S. history to that date). Scholars have analyzed how incorporation and IPOs responded to antitrust litigation against the networks. See, e.g., Scott R. Peppet, Updating…

15 Mar 2020

Cornell Law Review