Download or read book Antitrust Federalism and the Regulatory Process written by William H. Page and published by . This book was released on 2015 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article, published in 1981, examines the two-part Midcal Aluminum standard for state action antitrust immunity. Under that standard, private actors are immune from antitrust liability if (1) they act pursuant to a regulatory policy that is clearly articulated by the state as sovereign and (2) the state actively supervises their conduct. The article endorses the clear articulation requirement, but argues for abandonment of the active supervision requirement. Clear articulation provides an appropriate basis for deference to state economic choices made through legitimate political processes. Active supervision, however, the article argues, bears no necessary relationship to the legitimacy of the state's regulatory scheme. It unjustifiably relies on command-and-control regulatory structures as a measure of the substantive legitimacy of the state's regulatory policy. For the more recent views of the author on the state action doctrine, see William H. Page and John E. Lopatka, State Action and the Meaning of Agreement Under the Sherman Act: An Approach to Hybrid Restraints, 20 Yale J. Reg. 269 (2003) and William H. Page and John E. Lopatka, State Regulation in the Shadow of Antitrust: FTC v. Ticor Title Insurance Co., 3 Sup. Ct. Econ. Rev. 189 (1993).
Download or read book Antitrust Federalism and the Regulatory Process written by William Hepburn Page and published by . This book was released on 1981 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Antitrust Federalism written by and published by American Bar Association. This book was released on 1988 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work examines the role that state antitrust law plays in our national competitve policy and surveys the similarities and differences between state and federal antitrust laws.
Download or read book Federalism and State Antitrust Regulation written by John J. Flynn and published by . This book was released on 1964 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Antitrust Policy written by Herbert Hovenkamp and published by . This book was released on 1994 with total page 854 pages. Available in PDF, EPUB and Kindle. Book excerpt: Policy and Measurement: Basic Economics of Antitrust; History and Ideology in Antitrust Policy; Market Power and Market Definition; The Substance of Antitrust: Antitrust Policy Toward Collusion and Oligopoly; Joint Ventures of Competitors, Concerted Refusals, Patent Licensing, and Rule of Reason; Exclusionary Practices and the Dominant Firm: Basic Doctrine of Monopolization and Attempt; Exclusionary Practices in Monopolization and Attempt Cases; Predatory Pricing; Vertical Integration and Vertical Mergers; Tie-Ins, Reciprocity, Exclusive Dealing and the Franchise Contract; Intrabrand Restraints on Distribution; Mergers of Competitors; Conglomerate Mergers; Price Discrimination and the Robinson-Patman Act; Antitrust as a Regulatory Institution: Public Enforcement of the Federal Antitrust Laws; Private Enforcement; Damages; Antitrust and the Process of Democratic Government; Antitrust and Federal Regulatory Policy; Antitrust Federalism and the "State Action" Doctrine; Reach of the Federal Antitrust Laws.
Download or read book Antitrust Federalism in the EU and the US written by Firat Cengiz and published by . This book was released on 2013-09-20 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses multi-level governance in competition policy, or "antitrust federalism", in the US and the EU from a comparative perspective. The book compares how competition laws and authorities of different levels - the federal and the state levels in the US and the national and the supranational levels in the EU - interact with each other. The book compares how competition laws and authorities of different levels - the federal and the state levels in the US and the national and the supranational levels in the EU - interact with each other. The EU and the US stand among the strongest existing examples of multi-level polities and they developed mature competition policies. Despite such similarities, however, recent developments imply that they are moving in different directions in the field of antitrust federalism. Inspired by these divergent policy developments taking place at both sides of the Atlantic, the book addresses three principal research questions: firstly, what are the key similarities and differences between the US and the EU in terms of antitrust federalism; secondly, what are the reasons for differences (if any), and finally, can the US and the EU draw any policy lessons from each others' experiences in antitrust federalism? The book is essentially multidisciplinary in nature and it aims to initiate a dialogue between the law and political science literatures in its field.
Download or read book Federalism and State Antitrust Regulation written by and published by . This book was released on 1964 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Antitrust Federalism in the EU and the US written by Firat Cengiz and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inspired by these divergent policy developments taking place at both sides of the Atlantic, the book addresses three principal research questions: firstly, what are the key similarities and differences between the US and the EU in terms of antitrust federalism; secondly, what are the reasons for differences (if any), and finally, can the US and the EU draw any policy lessons from each others experiences in antitrust federalism? The book is essentially multidisciplinary in nature and it aims to initiate a dialogue between the law and political science literatures in its field. The book argues that the legal literature of antitrust federalism has employed out of date regulatory competition models which do not reflect the complexities of policy enforcement in modern multi-level polities. The book suggests that policy network models provide a more suitable framework for this analysis; and it critically reviews the British and Continental European policy network models.
Download or read book Interest Groups Antitrust and State Regulation written by William H. Page and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article, published in 1987, responds to John Shepard Wiley, A Capture Theory of Antitrust Federalism, 99 Harv. L. Rev. 713 (1986). In an earlier article, I argued that the "clear articulation" requirement is the best criterion for "state action" antitrust immunity because it reinforces representative (as opposed to administrative) political processes. Wiley argued, however, that even clearly articulated state economic choices are illegitimate, and should therefore not be immune, if they are the product of capture by interest groups. I argue in response that the Madisonian gauntlet of state legislative processes provides a more appropriate basis for deference to state economic choices than the theory of legislative capture.
Download or read book Federalism and Antitrust Reform written by Herbert Hovenkamp and published by . This book was released on 2005 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: Currently the Antitrust Modernization Commission is considering numerous proposals for adjusting the relationship between federal antitrust authority and state regulation. This essay examines two areas that have produced a significant amount of state-federal conflict: state regulation of insurance and the state action immunity for general state regulation. It argues that no principle of efficiency, regulatory theory, or federalism justifies the McCarran-Ferguson Act, which creates an antitrust immunity for state regulation of insurance. What few benefits the Act confers could be fully realized by an appropriate interpretation of the state action doctrine. Second, the current formulation of the antitrust state action doctrine creates approximately the correct balance between state and federal authority where competition is concerned, although both its clear articulation and active supervision prongs need to be strengthened and refined. In addition, basing state action immunity on the degree to which a state imposes the burden of in-state monopoly on out-of-state interests very likely comes with greater costs than any benefit that is likely to result.
Download or read book Antitrust and International Regulatory Federalism written by Andrew T. Guzman and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this Essay, Andrew Guzman proposes internationalization of antitrust law to supplant current methods of antitrust regulation across national borders. Specifically, instead of relying on local regulation, bilateral agreements between states, or a choice-of-law rule for antitrust enforcement, countries should adopt universal substantive standards. Moreover, Guzman recommends the World Trade Organization (WTO), which already employs a dispute resolution mechanism, as the governing forum for international antitrust issues. There, states can negotiate transfer payments in one international transaction to achieve agreement in another. Upon evaluating Professor Eleanor Fox's proposal of a stand-alone World Competition Forum that would specialize exclusively in international antitrust negotiations, Guzman concludes that the WTO is the preferred forum. Its dispute resolution system would facilitate substantive cooperation among countries by allowing for concessions exchanged in antitrust as well as in other areas of international relations.
Download or read book Federalism and State Antitrust Regulations written by John J. Flynn and published by . This book was released on 1984 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the protection of consumer's interests and welfare provided by the Sherman Anti-trust Act of 1890. Forms of indictments and complaints under the Act are provided in an appendix to the work.
Download or read book Regulatory Bureaucracy written by Robert A. Katzmann and published by MIT Press (MA). This book was released on 1980 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Economics of Regulation and Antitrust written by W. Kip Viscusi and published by MIT Press. This book was released on 2005-08-19 with total page 955 pages. Available in PDF, EPUB and Kindle. Book excerpt: A substantially revised and updated new edition of the leading text on business and government, with new material reflecting recent theoretical and methodological advances; includes further coverage of the Microsoft antitrust case, the deregulation of telecommunications and electric power, and new environmental regulations. This new edition of the leading text on business and government focuses on the insights economic reasoning can provide in analyzing regulatory and antitrust issues. Departing from the traditional emphasis on institutions, Economics of Regulation and Antitrust asks how economic theory and empirical analyses can illuminate the character of market operation and the role for government action and brings new developments in theory and empirical methodology to bear on these questions. The fourth edition has been substantially revised and updated throughout, with new material added and extended discussion of many topics. Part I, on antitrust, has been given a major revision to reflect advances in economic theory and recent antitrust cases, including the case against Microsoft and the Supreme Court's Kodak decision. Part II, on economic regulation, updates its treatment of the restructuring and deregulation of the telecommunications and electric power industries, and includes an analysis of what went wrong in the California energy market in 2000 and 2001. Part III, on social regulation, now includes increased discussion of risk-risk analysis and extensive changes to its discussion of environmental regulation. The many case studies included provide students not only pertinent insights for today but also the economic tools to analyze the implications of regulations and antitrust policies in the future.The book is suitable for use in a wide range of courses in business, law, and public policy, for undergraduates as well at the graduate level. The structure of the book allows instructors to combine the chapters in various ways according to their needs. Presentation of more advanced material is self-contained. Each chapter concludes with questions and problems.
Download or read book Antitrust Enforcement Guidelines for International Operations written by United States. Department of Justice and published by . This book was released on 1995 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Antitrust Religion written by Edwin S. Rockefeller and published by Cato Institute. This book was released on 2007-10-25 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many successful American businesses have been accused of anti-competitive practices. Drawing on 50 years of experience with U.S. antitrust laws, attorney and author Edwin S. Rockefeller sheds light on why lawmakers, bureaucrats, academics, and journalists use arbitrary and irrational laws and enforcement mechanisms to punish capitalists rather than promote competition. The Antitrust Religion argues that everything most people know about antitrust is wrong. Rockefeller vividly shows how antitrust has been transformed into a quasi-religious faith. He explains that this “antitrust religion” relies on economic theories that bestow a veneer of objectivity and credibility on law enforcement practices that actually rely on hunch and whim. This book will greatly assist business professionals, journalists, policymakers, professors, judges, and all others interested in government regulation of business in understanding how our antitrust laws actually work.
Download or read book Clarification of the Evidentiary and Substantive Antitrust Rules Governing Resale Price Maintenance written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Monopolies and Commercial Law and published by . This book was released on 1989 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
