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The State Action Doctrine exempts anti-competitive conduct from the United States antitrust laws, under certain conditions. This paper discusses the exemption, particularly its limits, from the perspective of its historical and Constitutional background. It demonstrates that this doctrine does...
Persistent link: https://www.econbiz.de/10014194449
This article examines the nature of the effect of the U.S. Supreme Court's Empagran decision through the lens of the global vitamins cartel, using legal and economic analysis and also empirical data to describe the effect. The article commences with a discussion of the analytic approach adopted...
Persistent link: https://www.econbiz.de/10014051606
Persistent link: https://www.econbiz.de/10012907038
The U.S. antitrust enforcement mechanism is criticized for being ill-adapted to ensuring competition in digital platforms. In the U.S., several bills have been introduced in Congress with the aim to create a new antitrust regulatory framework for digital platforms. This paper proposes a...
Persistent link: https://www.econbiz.de/10014076796
Substantive antitrust law has spread around the world. This has been a rather amazing turn of events in our post-cold war era, with more than 100 jurisdictions now claiming some form of antitrust legislation. Even though there is no global treaty framework for antitrust (similar, for example, to...
Persistent link: https://www.econbiz.de/10013062084
The existence and the use of the essential facilities doctrine was questioned in theory and in practice. Although the doctrine was developed in antitrust, it became a frequently cited notion in the regulation of network utilities. Its relevance is hotly debated during the setup of the new...
Persistent link: https://www.econbiz.de/10003919651
The case between Dexian and Sony is once called “the first Antimonopoly case” in China, since the case happened right before China Antimonopoly Law came into effect and brought certain important legal questions in dispute when the case was going on. Some of those questions now can be solved,...
Persistent link: https://www.econbiz.de/10014203554
We hand-collect and standardize information describing all 3,055 antitrust lawsuits brought by the Department of Justice (DOJ) between 1971 and 2018. Using restricted establishment-level microdata from the U.S. Census, we compare the economic outcomes of a non-tradable industry in states...
Persistent link: https://www.econbiz.de/10014337831
EU authorities increasingly take antitrust and data protection enforcement action against US internet companies. While many believe in digital protectionism, this paper looks at the foundations of data protection and antitrust policies across the Atlantic to propose an alternative explanation...
Persistent link: https://www.econbiz.de/10012853401
Criminal cartel cases in the U.S. are at modern lows, spurring questions as to whether the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (ACPERA) and the Antitrust Division's criminal enforcement program continue to be effective and, if not, why not? In this Chapter, we offer...
Persistent link: https://www.econbiz.de/10012862194