Cases And Materials On Modern Antitrust Law And Its Origins
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Cases and Materials on Modern Antitrust Law and Its Origins by Thomas D. Morgan Pdf
"To try to convey the intellectual richness of this field, this book departs from the usual practice of examining discrete lines of antitrust doctrine from the adoption of the Sherman Act in 1890 to the present. Instead, it takes up the material in successive chronological periods during which the courts employed important contrasting approaches to antitrust issues". -- PREFACE.
Cases and Materials on Modern Antitrust Law and Its Origins by Thomas D. Morgan,Richard J. Pierce (Jr.) Pdf
"To try to convey the intellectual richness of this field, this book departs from the usual practice of examining discrete lines of antitrust doctrine from the adoption of the Sherman Act in 1890 to the present. Instead, it takes up the material in successive chronological periods during which the courts employed important contrasting approaches to antitrust issues"--Preface.
Antitrust Law, Policy, and Procedure by E. Thomas Sullivan,Herbert Hovenkamp Pdf
The Fifth Edition continues to emphasize cases as the best way to teach antitrust law. The principal cases in this edition are the best and most current legal precedents. Judicial opinions are supplemented by historical and economic discussions and analyses. In particular, the notes discuss varying antitrust ideologies, confronting their defects and presenting their strengths. This new edition adds rich new material on: the transnational reach of the United States2 antitrust law; antitrust2s application to intellectual property; the Microsoft case and its history as it implicates monopolization, tying doctrine and market power analysis; expert testimony after Daubert and its relationship to antitrust summary judgment motions; and antitrust2s application in the field of regulated industries.
Author : Thomas D. Morgan Publisher : West Academic Publishing Page : 972 pages File Size : 42,8 Mb Release : 2001 Category : Law ISBN : STANFORD:36105060996043
Arthur Melamed,Randal C. Picker,Diane P. Wood,Philip J. Weiser
Author : Arthur Melamed,Randal C. Picker,Diane P. Wood,Philip J. Weiser Publisher : Foundation Press Page : 1272 pages File Size : 50,5 Mb Release : 2018-01-17 Category : Antitrust law ISBN : 1634595041
Antitrust Law and Trade Regulation, Cases and Materials by Arthur Melamed,Randal C. Picker,Diane P. Wood,Philip J. Weiser Pdf
This edition of the book offers a comprehensive re-thinking of antitrust law, approaching competition problems in the market from a functional standpoint. The book has roots in prior editions, but it really offers a top-to-bottom reconsideration of how best to present modern issues in antitrust. After a brief introduction to the origins and objectives of antitrust law, the book launches the study of the field with a chapter on the concept of market power and the meaning of competition--building blocks that are essential to understanding everything else that follows in the course. It then devotes three chapters to the primary kinds of antitrust issues that arise from marketplace conduct: horizontal agreements among competitors, vertical distribution agreements, and exclusionary practices (whether done by a single firm or a group). Because of their importance to the economy, as well as to antitrust practice, mergers have their own chapter, which provides not only the important judicial opinions in this area, but also extensive materials from the Department of Justice and the Federal Trade Commission, the primary regulators of merger activity. The book then turns to two specialized issues that are of growing importance: the way in which U.S. antitrust laws operate in the global economy, and an innovative new chapter on intellectual property, technology, and platforms. It concludes with a chapter discussing the legal boundaries around the field of antitrust, including exemptions and immunities, and a chapter on the institutional framework for enforcement--the framework that translates words on a page into reality on the ground. The Seventh Edition retains and, where appropriate, adds to, the problems that have been a feature of this book for decades. To maximize instructor flexibility, the problems for each topic now appear at the end of the chapter.
Cases and Materials on United States Antitrust in Global Context by Bronson,Walter J Derenberg Professor of Trade Regulation Eleanor Fox,Eleanor M. Fox,Lawrence A. Sullivan Pdf
This casebook supplement is, in itself, a compendium of modern antitrust law. It presents the eight U.S. Supreme Court antitrust cases decided since Trinko in 2004, which span almost all areas of antitrust law from resale price maintenance and tying to predatory buying, joint ventures, extraterritorial jurisdiction and the antitrust/regulation interface. As well, it presents contemporary merger and monopoly analysis and policy, and it contains sufficient substantive excerpts from the European Microsoft case to allow an appreciation of the US/EU fault lines.
Federal Antitrust Law by Daniel J. Gifford,Leo J. Raskind Pdf
The first chapter of this book provides an historical review of antitrust law in terms of the political and economic ideas which have shaped it throughout its development. In the successive chapters, the authors provide a sense of the manner in which changes in the underlying economic analysis have shaped the application of the statutes by the enforcement agencies and the courts. The authors have addressed the antitrust issues raised by recent changes in technology, in the rise of global markets, and in the structure of health care markets by devoting three separate chapters to Intellectual Property, International Trade, and Health Care. Author Commentaries throughout the book are designed to probe the doctrinal and policy issues raised by the case excerpts. In keeping with the objective of providing the economic analysis that may amplify and clarify the legal and policy issues, the authors have also taken into account recent trends in the relevant economic literature. Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here.
Antitrust Law and Intellectual Property Rights by Christopher R. Leslie Pdf
In Antitrust Law and Intellectual Property Rights: Cases and Materials, Christopher R. Leslie describes how patents, copyrights, and trademarks confer exclusionary rights on their owners, and how firms sometimes exercise this exclusionary power in ways that exceed the legitimate bounds of their intellectual property rights. Leslie explains that while substantive intellectual property law defines the scope of the exclusionary rights, antitrust law often provides the most important consequences when owners of intellectual property misuse their rights in a way that harms consumers or illegitimately excludes competitors. Antitrust law defines the limits of what intellectual property owners can do with their IP rights. In this book, Leslie explores what conduct firms can and cannot engage in while acquiring and exploiting their intellectual property rights, and surveys those aspects of antitrust law that are necessary for both antitrust practitioners and intellectual property attorneys to understand. This book is ideal for an advanced antitrust course in a JD program. In addition to building on basic antitrust concepts, it fills in a gap that is often missing in basic antitrust courses yet critical for an intellectual property lawyer: the intersection of intellectual property and antitrust law. The relationship between intellectual property and antitrust is particularly valuable as an increasing number of law schools offer specializations and LLMs in intellectual property. This book also provides meaningful material for both undergraduate and graduate business schools programs because it explains how antitrust law limits the marshalling of intellectual property rights.
Yale Law Journal: Volume 125, Number 4 - February 2016 by Yale Law Journal Pdf
This issue of the Yale Law Journal (the fourth issue of academic year 2015-2016) features articles and essays by notable scholars, as well as extensive student research. The issue is dedicated to the memory of Professor Robert A. Burt, with essays in his honor by Robert Post, Owen Fiss, Monroe Price, Martha Minow, Martin Boehmer, Anthony Kronman, Frank Iacobucci, and Andrew David Burt. In addition, the issue's contents include: • Article, "The First Patent Litigation Explosion," Christopher Beauchamp • Article, "The Lost 'Effects' of the Fourth Amendment: Giving Personal Property Due Protection," Maureen E. Brady • Note, "Fifty Shades of Gray: Sentencing Trends in Major White-Collar Cases," Jillian Hewitt • Note, "Present at Antitrust's Creation: Consumer Welfare in the Sherman Act's State Statutory Forerunners," Charles S. Dameron • Comment, "In Defense of 'Free Houses,'" Megan Wachspress, Jessie Agatstein, and Christian Mott • Comment, "Tort Concepts in Traffic Crimes," Noah M. Kazis Quality digital editions include active Contents for the issue and for individual articles, linked footnotes, active URLs in notes, and proper digital and Bluebook presentation from the original edition.
Antitrust Law in Brazil by Eduardo Molan Gaban,Juliana Oliveira Domingues Pdf
This book highlights the case of Brazil, a major economic player among developing countries. In seventeen years of enforcing the Brazilian Antitrust Law, Brazil’s Administrative Council for Economic Defence (CADE) has achieved outstanding results and has been recognized as the most effective antitrust enforcement agency in the developing world. This book is the first to describe and analyse the workings and case law of the CADE, emphasizing the agency’s fundamental methodology and focusing on the contributory roles of such factors as the following: mechanisms and procedures of enforcement of the Antitrust Law in Brazil; methodologies (tests) used for antitrust assessment (for merger and conduct controls); evaluation of barriers to entry and rivalry in analysed markets; assessment of proof and circumstantial evidence within CADE case law and court decisions; examination of rational justifications for practices under investigation; legality of exchange of information; leniency agreements; cease and desist agreements; cultural issues and modifications; civil and criminal enforcement; private damages considerations; and the role of international and regional competition law regimes (OECD, UNCTAD, WTO, ICN, Mercosur). The book’s consolidated research on Brazil’s cartel investigations clearly describes the main defence theories and the courts’ decisions. The authors also explore the relationship of Brazil’s antitrust law to the country’s public policies in the areas of consumer rights, public procurement, and measures against corruption, with special emphasis on the synergies arising from antitrust law and consumer protection. It is worth noting that the studies carried out in this book discussed Law No. 8884/94 (Brazilian Antitrust Law) and the New Brazilian Antitrust Law, which was passed on 5 October 2011 and which will be enforced in 2012. With its unique synthesis of constitutional law, comparative antitrust law, and CADE’s case law, this book will be welcomed by competition lawyers and other parties interested in methods and procedures used in merger and conduct control, and especially in anti-cartel enforcement, in developing countries.
Author : Ben Van Rompuy Publisher : Kluwer Law International B.V. Page : 504 pages File Size : 54,7 Mb Release : 2012-08-01 Category : Law ISBN : 9789041142153
Over the past decade, we have witnessed an apparent convergence of views among competition agency officials in the European Union and the United States on the appropriate goals of competition law enforcement. Antitrust policy, it is now suggested, should focus on enhancing economic efficiency, which we are to believe will promote consumer welfare. Recent EU Commission Guidelines on the application of Article 101 TFEU appear to banish considerations that cannot be construed as having an economic efficiency value – such as the environment, cultural policy, employment, public health, and consumer protection – from the application of Article 101 TFEU. Arguing that the professed adoption of an exclusive efficiency approach to Article 101 TFEU does not preclude, but rather obfuscates the role of non-efficiency considerations, the author of this timely contribution accomplishes the following objectives: traces the genesis of the shift to an efficiency orientation in EU and US antitrust policy and dispels several ingrained misconceptions that underpin it; demonstrates the close interrelationship between evolving images of the purpose of antitrust, the development of related enforcement norms, and enforcement output; provides in-depth analyses of a number of analytically rich cases in the audiovisual sector (and particularly those related to sports rights); and explores what the role of non-efficiency considerations in the application of Article 101 TFEU could and should be under the modernized enforcement regime.
Author : Randy Gordon Publisher : University of Toronto Press Page : 305 pages File Size : 52,9 Mb Release : 2011-04-15 Category : Law ISBN : 9781442661646
In a popular sense, 'law' connotes the rules of a society, as well as the institutions that make and enforce those rules. Although laws are created and interpreted in legislatures and courtrooms by individuals with very specialized knowledge, the practice and making of law is closely tied to other systems of knowledge. To emphasize this often downplayed connection, Rehumanizing Law examines the law in relation to narrative, a fundamental mode of human expression. Randy D. Gordon illustrates the bridge between narrative and law by considering whether literature can prompt legislation. Using Upton Sinclair's The Jungle and Rachel Carson's Silent Spring, Gordon shows that literary works can figure in important regulatory measures. Discussing the rule of law in relation to democracy, he reads Melville's Billy Budd and analyzes the O.J. Simpson and Rodney King cases. This highly original and creative study reconnects the law to its narrative roots by showing how and why stories become laws.
Regulating Mergers and Acquisitions of U.S. Electric Utilities: Industry Concentration and Corporate Complication by Scott Hempling Pdf
What happens when electric utility monopolies pursue their acquisition interests—undisciplined by competition, and insufficiently disciplined by the regulators responsible for replicating competition? Since the mid-1980s, mergers and acquisitions of U.S. electric utilities have halved the number of local, independent utilities. Mostly debt-financed, these transactions have converted retiree-suitable investments into subsidiaries of geographically scattered conglomerates. Written by one of the U.S.’s leading regulatory thinkers, this book combines legal, accounting, economic and financial analysis of the 30-year march of U.S. electricity mergers with insights from the dynamic field of behavioral economics.
