Topic
Antitrust
Posts
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NoteVol. 99 · Iss. 5
The $500 eBook: How Copyright and Antitrust Law Failed America’s Libraries Extending First Sale Doctrine Protections To Libraries’ eBook Purchases Or Implementing Price Caps As Alternative Solutions To Lower eBook Costs
INTRODUCTION Libraries are a fixture in American communities that people sometimes take for granted. People expect to find books on the shelves, computers for…
Ali Petot -
ArticleVol. 99 · Iss. 3
Antitrust Harm and Causation
Introduction This article addresses a question at the core of antitrust enforcement: how should government enforcers or other plaintiffs identify and address harm from…
Herbert Hovenkamp -
ArticleVol. 99 · Iss. 2
Title Insurance: Protecting Property at What Price?
ABSTRACT The real property recording system is designed to protect purchasers and mortgagees against defects in title. Navigating that system is beyond the capacity…
Stewart E. Sterk -
NoteVol. 99 · Iss. 2
The Rise of the Data-Opoly: Consumer Harm in the Digital Economy
Introduction Our antitrust laws are a product of their time. Beginning in the 1870s, fundamental changes in transportation, communications, population growth, production technology, business…
Benjamin Fischer -
ArticleVol. 99 · Iss. 1
Churn
ABSTRACT From biopharmaceuticals to information technology, patents play a powerful role in the birth, death, and renewal of innovative industries. While patent scholarship has…
Peter Lee -
ArticleVol. 99 · Iss. 1
Corporate Purpose and Corporate Competition
ABSTRACT The large American corporation faces ever-rising pressure to pursue a purpose beyond shareholder profit. This rising pressure interacts with sharp changes in industrial…
Mark J. Roe -
NoteVol. 87 · Iss. 5
Supervision and Collaboration Requirements: The Vulnerability of Nurse Practitioners and Its Implications for Retail Health
Health care is expensive and scarce. These problems will only grow with the recent decline in the number of new physicians pursuing careers as…
Lauren E. Battaglia -
NoteVol. 87 · Iss. 4
Administrative Monopoly and China’s New Anti-Monopoly Law: Lessons from Europe ‘s State Aid Doctrine
On August 1, 2008, China’s Anti-Monopoly Law (AML), its first comprehensive anti-monopoly legislation, came into effect. Observers guardedly hope the AML will serve as…
Jacob S. Schneider -
NoteVol. 88 · Iss. 1
Tremendous Upside Potential: How a High-School Basketball Player Might Challenge the National Basketball Association’s Eligibility Requirements
In 1995, the Minnesota Timberwolves, a franchise in the National Basketball Association (NBA, or “the League”), selected Kevin Garnett with the fifth pick of…
Joseph A. Litman -
NoteVol. 94 · Iss. 5
Hoarders: Clarifying FERC’s Policy, as Articulated in Order No. 888, Against Withholding Electric Transmission Capacity
Adopted in 1998 with the express goal of curbing undue discrimination in the interstate market for electric transmission, Order No. 888 has been referred…
Sandy Kugbei -
ArticleVol. 94 · Iss. 1
Antitrust in Zero-Price Markets: Applications
“Free” products have exploded in popularity along with widespread Internet adoption—but many of them are not truly free. Customers often trade their attention or…
John M. Newman -
ArticleVol. 96 · Iss. 2
Noncompetes as Tax Evasion
Al Capone famously boasted of his criminal empire: “Some call it bootlegging. Some call it racketeering. I call it a business.” Treasury Agent Frank…
Rebecca N. Morrow