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attempt by the NCAA and 11 conferences to dismiss claims that defendants violated antitrust law by “conspiring to impose an …
Persistent link: https://www.econbiz.de/10012918266
For decades, the NCAA has trumpeted "amateurism" and "student-athletes." But what if this is all a façade? What if these are empty phrases the NCAA hides behind in its embrace of commercialism on the backs of athletes?These are the questions at the heart of Joe Nocera and Ben Strauss's gripping...
Persistent link: https://www.econbiz.de/10012996256
question the role of antitrust itself. The Court lauded the benefits of monopoly power; lamented antitrust's quot … opinion in close detail. In particular, I examine nine aspects of the opinion, which address (1) antitrust immunity, (2 … regime, (7) antitrust's costs, (8) monopoly leveraging, and (9) the Court's conclusion. My analysis sheds light on the …
Persistent link: https://www.econbiz.de/10012780909
In the most important ruling ever on causation and standard-setting, In re Rambus, the D.C. Circuit made it unnecessarily difficult to demonstrate causation. It erected roadblock after roadblock in front of legitimate cases alleging monopolization in the standard-setting context. The primary...
Persistent link: https://www.econbiz.de/10014196320
Is antitrust law up to the task of addressing the "New Economy"? That is the question many have asked in recent years …. And that is one of the key questions addressed by the Antitrust Modernization Commission ("AMC"), a commission that … Congress established in 2002 "to examine whether the need exists to modernize the antitrust laws." Because antitrust in fact is …
Persistent link: https://www.econbiz.de/10014049129
In O’Bannon v. National Collegiate Athletic Ass’n, then-Chief Judge Claudia Wilken of the U.S. District Court for the Northern District of California issued a groundbreaking decision, potentially opening the floodgates for challenges to National Collegiate Athletic Association (NCAA)...
Persistent link: https://www.econbiz.de/10014137356
Persistent link: https://www.econbiz.de/10012227534
markets for research and development (R&D). After all, if concentration leads to innovation, then antitrust challenges are not … antitrust. My analysis of the economic studies and pharmaceutical innovation market mergers promises to solve two crucial …
Persistent link: https://www.econbiz.de/10014051798
One of the most amorphous rules in antitrust is the rule of reason. One of the most important rules in antitrust is the … rule of reason. One of the most misunderstood rules in antitrust is the rule of reason. Put together these three …
Persistent link: https://www.econbiz.de/10014203553
Standards, common platforms that allow products to work together, are essential to the modern economy. But standards often are based on patented technologies. And in what has been referred to as "patent holdup," the owners of patents incorporated into standards may exploit that power by refusing...
Persistent link: https://www.econbiz.de/10014350133